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Deception Flashcards

1
Q 
Uses or obtains a document
Section 
Act 
Penalty 
Ingredients
A

Section: 228(a)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

  1. With intent to obtain any property, service, pecuniary advantage or valuable consideration
  2. Dishonestly
  3. And without claim of right
  4. Takes OR obtains any document
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2
Q

Ingredient - definition and caselaw

With intent to obtain any property, service, pecuniary advantage or valuable consideration

A
  1. Intent
  2. R V Mohan
  3. R V Waaka
  4. Obtain
  5. Property OR Service OR Pecuniary advantage and Hayes V R (P.A) OR Hayes V R (V.C)
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3
Q

Ingredient - definition and caselaw

Dishonestly

A
  1. Dishonestly

2. Hayes V R (Dishonestly)

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4
Q

Ingredient - definition and caselaw

without claim of right

A
  1. Claim of right
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5
Q

Ingredient - definition and caselaw

Takes OR obtains any document

A
  1. Takes OR obtains
  2. Document
  3. R V Misic
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6
Q 
Obtains by deception 240(1)(a)
Section 
Act 
Penalty 
Ingredients
A

Section: 240(1)(a)
Act: Crimes Act 1961
Penalty: 7 years/ 1 year/ 3 months

Ingredients

  1. By any deception
  2. And without claim of right
  3. Obtains possession or control over any property OR any Privilege OR service, OR pecuniary advantage OR benefit OR valuable consideration
  4. Takes OR obtains any document
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7
Q 
Uses /attempts to use a document document
Section 
Act 
Penalty 
Ingredients
A

Section: 228(a)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

  1. With intent to obtain any property, service, pecuniary advantage or valuable consideration
  2. Dishonestly
  3. And without claim of right
  4. Uses or attempts to use any document
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8
Q 
Obtains by deception 240(1)(b)
Section 
Act 
Penalty 
Ingredients
A

Section: 240(1)(b)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

  1. By any deception
  2. And without claim of right
  3. in incurring any debt OR liability
  4. Obtains credit
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9
Q 
Obtains by deception 240(1)(d)
Section 
Act 
Penalty 
Ingredients
A

Section: 240(1)(d)
Act: Crimes Act 1961
Penalty: 7 years/ 1 year/ 3 months

Ingredients

  1. By any deception
  2. And without claim of right
  3. Causes loss to any person
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10
Q

Hayes V R (P.A)

A

A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage

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11
Q

Hayes v R (V.C)

A

A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth

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12
Q

Ingredient - definition and caselaw

Uses or attempts to use any document

A
  1. Uses or attempts to use
  2. Hayes V R (unsuccessful use)
  3. Document
  4. R V Misic
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13
Q

Ingredient - definition and caselaw

By any deception

A
  1. Deception
  2. False representation
  3. Intent to deceive
  4. R V Morley
  5. R V Laverty
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14
Q

Ingredient - definition and caselaw
Obtains possession or Control over any property OR Privilege
OR service OR Pecuniary advantage OR benefit OR Valuable consideration

A
  1. Obtains
  2. Possession may be….
  3. Actual possession OR Constructive possession
  4. Warner V Metropolitan Police Commisioner (Actual only)
  5. property OR Privilege
    OR service OR Pecuniary advantage OR benefit OR Valuable consideration
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15
Q

Ingredient - definition and caselaw

In incurring any debt OR liability

A
  1. Debt OR Liability
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16
Q

Ingredient - definition and caselaw

Obtains credit

A
  1. Fisher V Raven

2. R V Mckay

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17
Q

Ingredient - definition and caselaw

Causes loss to any person

A
  1. Loss

2. Person (extra if relates to scenario)

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18
Q

Hayes V R (belief)

A

The question is whether the belief is held, not whether that belief is reasonable. However reasonableness may be relevant as evidence on the issue of whether the belief was actually held

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19
Q

R V Misic

A

Essentially a document is a thing which provides evidence or information or serves as a record

20
Q

R V Morley

A

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist as the time of the deception

21
Q

Hayes V R (unsuccessful use)

A

An unsuccessful use of a document is as much use as a successful one. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.

22
Q

R V Laverty

A

It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made

23
Q

Fisher V Raven

A

Credit
Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable

24
Q

R V Mckay

A

…credit had been obtained….but at that time the accused did not possess an intent to deceive

25
Warner V Metropolitan Police Commissioner
Ideal Possession (Actual) The term "possession"must be given a sensible and reasonable meaning in it's context. Ideally, a possessor of a thing has: - Complete physical control over it - Knowledge of it's existence, it's situation and it's qualities
26
R V Waaka
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act
27
R V Mohan
A decision to bring about, in so far as it lies within the accused power, the commission of the offence
28
Intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it
29
Property
Includes any real or personal property and any estate or interest in any real or personal property, money, electricity or any debt or any thing in action or any other right or interest Section 2, Crimes Act 1961
30
Actual possession
Possession may be actual or constructive Actual possession arises where the thing in question is in a persons physical custody, it is on or about their person, or immediately at hand
31
Constructive possession
Possession may be actual or constructive Constructive possession arises when something is not in a persons physical custody but they have ready access to it or can exercise control over it
32
Claim of right
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed Section 2, Crimes Act 1961
33
Obtain
Obtain in relation to any person means obtain or retain for himself or herself or any other person Section 217, Crimes Act 1961
34
Service
limited to financial or economic value
35
Pecuniary advantage
-economic or monetary advantage
36
Dishonestly
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority Section 217, Crimes Act 1961
37
Takes
``` For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved Section 219(4), Crimes Act 1961 ```
38
Document
Includes part of a document in any form, and includes -Paper/material containing anything that can be read -photos, negatives and related items -discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced Section 217, Crimes Act 1961
39
Uses or attempts to use
The prosecution must prove that the offender used of attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration
40
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 it is false in a material particular (b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or (c) a fraudulent device, trick, or stratagem used with intent to deceive
41
False representation
- Must be false and the defendant must know or believe that it is false in a material particular' or - be reckless whether it is false Absolute certainty is not required and willful blindness as to the falsity of the statement will suffice
42
Intent to deceive
offender must know representation is false and intend the other person to act upon it as genuine
43
Debt
money owing from one person to another
44
Liability
legally enforceable financial obligation to pay
45
loss
is likely to include financial and property losses and may also encompass emotional, cultural and intellectual losses
46
Person (Obtains by deception)
Person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning Section 2, Crimes Act 1961

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