Deception

Question 1

Dishonestly taking/obtain a documents

Answer 1

Section 228(1)

Dishonestly
Without claim of right
Takes or obtains
any document
with intent to obtain any property or service or percuniary advantage or valuable consideration.

Question 2

Dishonestly use or attempts to use documents

Answer 2

Section 228(2)

Dishonestly
Without claim of right
Uses or attempts to use
any document
with intent to obtain any property or service or percuniary advantage or valuable consideration.

Question 3

Other deceptions charges

Answer 3

Obtain by deception or causing loss by deception

Question 4

Dishonestly

Answer 4

Done without belief in consent from a person with authority.

Question 5

Without claim of right

Answer 5

No belief of possessory or proprietary right to property at the time.

Question 6

Document

Answer 6

R v Misic. Thing which provides evidence or information or serves as a record.

Question 7

Uses

Answer 7

Single action or contiuing use.

Question 8

R v Hayes (1) uses/attempts

Answer 8

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

Question 9

Intent

Answer 9

R v Collister

Question 10

Property

Answer 10

(S2 CA 1961)
Real and personal property, estate or interest.

Question 11

Pecuniary advantage

Answer 11

R v Hayes (2) – Something that enhances the accused financial position.

Question 12

Valuable consideration

Answer 12

Hayes (3) – Anything capable of being valuable consideration. Money or monies
worth.

Question 13

Takes

Answer 13

Moves the property or cause it to be moved.

Question 14

R v Morley

Answer 14

Intention to deceive requires purposeful intent at the time the deception is practiced.