Deception

Question 1

Dishonestly taking or using a document
S228(1)(a), CA1961

Answer 1

D
WCOR
T/O
AD
WITOA:P/S/PA/VC

Question 2

Dishonestly taking or using a document
S228(1)(b), CA1961

Answer 2

D
WCOR
U/ATU
AD
WITOA:P/S/PA/VC

Question 3

Obtains by Deception
S240(1)(a), CA1961

Answer 3

BAD
WCOR
O:O/PO/CO
A:P/P/S/PA/B/VC
D/I

Question 4

Obtains by Deception
S240(1)(b), CA1961

Answer 4

BAD
WCOR
IIA:D/L
OC

Question 5

Causes Loss by Deception
S240(1)(d), CA1961

Answer 5

BAD
WCOR
CLTAOP

Question 6

Hayes v R
(PA+VC)

Answer 6

Pecuniary advantage = anything that enhances the accused’s financial position.

Valuable consideration = anything capable of being valuable, worth money.

Question 7

R v Misic

Answer 7

Document = a thing that provides:
- evidence
- information
- serves as a document

Question 8

Hayes v R
(Use)

Answer 8

Unsuccessful use of a document is as much use as a successful one.

Unsuccessful use of a document is not the same as an attempted use.

Question 9

R v Morley
(Intention to Deceive)

Answer 9

Intention to deceive requires that the deception is practiced in order to deceive the affected party.

Purposeful intent is necessary and must exist at the time of the deception.

Question 10

Morley v R
(Cause Loss)

Answer 10

Loss was caused by deception

Non-trivial loss was reasonably foreseeable

Need not prove loss was intentional