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Deception Flashcards

1
Q

Name the section and act that covers Dishonestly Takes or Uses a document

A

Section 228(1) Crimes Act 1961

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2
Q

What are the elements for s228(1)(a) CA 1961

A

Dishonestly

Without claim of right

takes
OR
obtains

any document

with intent to obtain any
property
OR
service
OR
pecuniary advantage
OR
Valuable consideration

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3
Q

What are the elements for s228(1)(b) CA 1961

A

Dishonestly

Without claim of right

uses
OR
attempts to use

any document

with intent to obtain any
property
OR
service
OR
pecuniary advantage
OR
valuable consideration

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4
Q

What is the main difference between s228(1)(a) and s228(1)(b)

A

s228(1)(a) is just taking or obtaining and not using

s228(1)(b) is using or attempting to use

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5
Q

What are the elements for Obtaining by Deception s240(1)(a) CA61

A

s240(1)(a) CA 1961

by any deception
without claim of right
obtains

ownership
OR
possession
OR
control over

any
property OR privilege OR service OR pecuniary advantage OR benefit OR valuable consideration

directly
OR
indirectly

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6
Q

What are the elements for Obtaining by Deception s240(1)(b) CA61

A

Section 240(1)(b) CA 1961

by any deception

without claim of right

in incurring
any debt
OR
liability

obtains credit

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7
Q

What are the elements and section for Causing loss by deception

A

Section 240(1)(d) CA 1961

by any deception

without claim of right

causes loss to any other person

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8
Q

What does obtain mean

A

retain for himself or any other person

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9
Q

What does property mean

A

real and personal property, an any estate or interest in any real or personal property.

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10
Q

According to R v Cara, what is service

A

financial or economic value, excluding benefits or priveleges

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11
Q

According to Hayes v R, what is pecuniary advantage

A

anything that enhances the accused ‘s financial position - money or cash

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12
Q

According to Hayes v R, what is considerable valuation

A

anything capable of being valuable consideration, whether a monetary kind or any other kind - things that are worth money but not money

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13
Q

What is dishonestly

A

an act committed or omission, without a belief of expressed or implied consent from a person entitled to give such consent or authority.

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14
Q

what is claim of right

A

an act committed or omission, without belief of a proprietary or possessory right at the time, relating to the offence

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15
Q

regarding claim of right, what are the four natures of belief required

A

belief of a proprietary or possessory right to the property

property in relations to the offence

belief held at the time of the offence

the belief may be based on ignorance or mistake

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16
Q

When is theft committed

A

when they move the property or cause it to be moved

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17
Q

What does Hayes v R say regarding use of a document

A

an unsuccessful use is as much a use as a successful one.

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18
Q

What is the case law regarding the definition of a document and explain it

A

R v Misic

a document is a thing which proves evidence, information or records

remember R v Music (misic) = Record

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19
Q

What is deception (short)

A

false representation with intent to deceive

omission to disclose

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20
Q

What is required to be proved for deception

A

intent to deceive

representation by defendant

representation was false, and defendant knew it or was reckless whether it was in a material particular

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21
Q

What is a debt

A

money owed to another person

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22
Q

what is a liability

A

legally enforceable financial obligation to pay

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23
Q

What is loss

A

financial detriment to the victim, must be a direct loss not anticipated or future

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24
Q

What is the case law relating to loss and explain it

A

R v Morley

loss was caused by deception, reasonably foreseeable, does not need to be intentional, no requirement of benefit to anyone

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25
What is title
a legal right to the property
26
can a thief ever get title
no
27
what is voidable title
a title obtained by deception, fraud, duress or misrepresentation
28
what is necessary to void title
judicial determination through courts or tribunal
29
what is the max punishment for 228(1) offences
7 years
30
under section 217 of the CA61, what is obtain?
in relation to any person, obtain or retain for himself, herself or any other person
31
is service defined in the CA61? how is it defined?
R v Cara - service is limited to financial or economic value and excludes privileges or benefits
32
what is the definition of pecuniary as per case law
Hayes v R, anything that enhances the accused's financial position. It is the enhancement that constitutes the element of advantage.
33
what is the difference between pecuniary advantage or valuable consideration
the scope of valuable consideration is wider than pecuniary advantage
34
is ignorance or mistake a defence of claim of right
yes, if they genuinely believe of the claim of right at the time of the act
35
what is taking
moves the property or causes it to be moved
36
explain intent to obtain
the defendant must intend to obtain, and he or she must intend to obtain by deception.
37
what is attempts
having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object Not only preparation immediately and proximately connected
38
What are the sections and act for Obtaining By Deception
s240(1)(a), s240(1)(b), s240(1)(c)
39
what is the section for Causing Loss By Deception
S240(1)(d)
40
what are the elements for Obtaining by Deception s240(1)(c)
By any deception without claim of right induces or causes any other person to; Deliver over OR execute OR make OR accept OR endorse OR destroy OR altar any document OR anything capable of being used to derive a pecuniary advantage
41
What are the elements for Obtaining by Deception s240(1A)
without reasonable excuse sells OR transfers OR otherwise makes available any document OR thing capable of being used to derive a pecuniary advantage knowing that by deception and without claim of right the document or thing was OR was caused to be delivered OR executed OR made OR accepted OR endorsed OR altered
42
Under s240(2) CA61 what is the definition of deception
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person, and (i) knows that it is false in a material particular OR (ii) is reckless as to whether its is false in a material particular OR (b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it (c) a fraudulent device, trick, or stratagem used with intent to deceive any person
43
In regards to false representation, must the defendant only know that it is false
No, they can be reckless to whether it is false also.
44
What is material particular
important, essential, relevant detail or item.
45
explain the case law regarding intent to deceive
R v Morley Intent 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.
46
what are summaries of offences of the types of deception under s240(2)
S240(2)(a) - false statement s240(2)(b) - failure to disclose s240(2)(c) - trick
47
explain the case law for recklessness
Cameron v R Recklessness is established if: (a) the defendant recognised that there was a real possibility that: (i) his or her actions would bring about the proscribed result (ii) the proscribed circumstances existed and (b) having regard to that risk those actions were unreasonable
48
explain the test for recklessness and Cameron v R
(a) is subjective - what was the accused thinking at the time of the act in the circumstances known to them (b) is objective - would a reasonable and prudent person have taken the risk in the circumstances
49
What are the two aspects of intent
Intention to commit a deliberate act and intention to get a specific result
50
what are three types of intention and examples
orally (verbally claiming) conduct (dressing up) documentary (producing false credentials)
51
what are three types of representation under s240(2)
oral, conduct, documentary or combo
52
name and explain the case law relating to representation by the defendant
R v Morley representations must relate to a statement of existing fact, rather than a statement of future intention.
53
what is an example of "continuing effect"
entering at a restaurant and ordering a meal represents that the normal practice of paying the bill at the end of the meal will follow. If the diner decides to avoid that payment during the meal the representation will become false and obtaining the food will fall under s240(2)
54
is silence regarded as a representation
Generally no, except for in some special circumstances.
55
Explain knowing, and can a defendant know that something is false
knowing or correctly believing. a defendant can not know that something is false
56
what are three ways that knowledge can be established
admissions propensity evidence implication from circumstances surrounding the event
57
what is wilful blindness
conduct of the accused amounting to putting their head in the sand
58
what is an omission
inaction (not acting) - conscious decision or no thought at all
59
regarding s240(2)(c) what is a device
plan, scheme or trick
60
regarding s240(2)(c) what is a trick
an action or scheme undertaken to fool, outwit or deceive
61
regarding s240(2)(c) what is a stratagem
a cunning plan or scheme especially for deceiving an enemy
62
when are goods "obtained"
when the goods come under control of the defendant, do not have to have physical possession of them.
63
when is property "obtained"
when actually obtained by another person, provided the deception operated on the mind of the person giving up the property
64
when there is a agreement of sending an item through post, when is obtaining complete
time of posting
65
what is the major distinction between theft and obtaining by deception
in theft the property is obtained without the owners permission and title is not passed on.
66
what is ownership synonymous with
concept of title or the legal right to ownership
67
what two things are passed on when obtaining an item
possession and ownership (title)
68
what is an example of having possession but not title
driving a friends car for the week
69
explain possession using case law
R v Cox possession involves two elements Physical - Actual (immediate) or potential (friend storing) custody or control Mental - Knowledge that they possess and an intention to possess
70
explain special interest
lien over goods, awaiting payment for contracted services before releasing possession back to the owner
71
what is control and do you need to have possession to control
to exercise authoritative or dominating influence or command over it no you don't need to be in possession of something to have control over it
72
What is credit and relevant case law
Fischer v Raven the obligation on the debtor to pay or repay and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods.
73
is there an offence if the contract of a debt is void or illegal
no, must be legally enforceable.
74
what does obtaining credit require of a debtor
to gain a creditors agreement to the deferred payment of a debt or obligation.
75
who is a debtor or creditor
debtor - the person asking for and receiving the debt creditor - the person providing the credit
76
what are three situations where credit may be obtained
obtaining money on loan extending exisiting

DDC (23 decks)

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