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Flashcards in Deception Deck (46):
1

Uses or obtains a document
Section
Act
Penalty
Ingredients

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

2

Ingredient - definition and caselaw
With intent to obtain any property, service, pecuniary advantage or valuable consideration

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)

3

Ingredient - definition and caselaw
Dishonestly

1. Dishonestly
2. Hayes V R (Dishonestly)

4

Ingredient - definition and caselaw
without claim of right

1. Claim of right

5

Ingredient - definition and caselaw
Takes OR obtains any document

1. Takes OR obtains
2. Document
3. R V Misic

6

Obtains by deception 240(1)(a)
Section
Act
Penalty
Ingredients

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

7

Uses /attempts to use a document document
Section
Act
Penalty
Ingredients

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

8

Obtains by deception 240(1)(b)
Section
Act
Penalty
Ingredients

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

9

Obtains by deception 240(1)(d)
Section
Act
Penalty
Ingredients

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

10

Hayes V R (P.A)

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

11

Hayes v R (V.C)

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

12

Ingredient - definition and caselaw
Uses or attempts to use any document

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

13

Ingredient - definition and caselaw
By any deception

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

14

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

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

15

Ingredient - definition and caselaw
In incurring any debt OR liability

1. Debt OR Liability

16

Ingredient - definition and caselaw
Obtains credit

1. Fisher V Raven
2. R V Mckay

17

Ingredient - definition and caselaw
Causes loss to any person

1. Loss
2. Person (extra if relates to scenario)

18

Hayes V R (belief)

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

19

R V Misic

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

20

R V Morley

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

Hayes V R (unsuccessful use)

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

R V Laverty

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

Fisher V Raven

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

R V Mckay

...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