Deception Flashcards
(38 cards)
Takes or Obtains A Document
ACT
SECTION
PENALTY
Takes or Obtains A Document
CA61
228(1)(A)
7 years
Takes or Obtains A Document
INGREDIENTS
With intent to obtain any property, service, pecuniary advantage or valuable consideration;
Dishonestly;
And without claim of right;
Takes or obtains any document.
Takes or Obtains A Document
Define 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
Takes or Obtains A Document
What is R v Mohan?
I I A “D T B A, I S F A I L W T A P, T C O T O”
Intent involves a “decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”
Takes or Obtains A Document
What is R v Waaka?
A “F O P T” I N S; T M B A “F I O A F P T E A A”
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
Takes or Obtains A Document
Define Obtain - Under Sec 217 CA61
Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person
Takes or Obtains A Document
Define Property - Under Section 2 CA61
P I R A P P A A E O I I A R O P P, M, E A A D, A A T I A, A A O R O I.
Property includes real and personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.
Takes or Obtains A Document
What is Hayes v R, in terms of pecuniary advantage?
“A T E T A F P. I I T E W C T E O A”
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”
Takes or Obtains A Document
What is Hayes v R, in terms of a valuable consideration?
“A C O B V C, W O A M K O O A O K; I S, M O M W”
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.
Takes or Obtains A Document
Define Dishonestly - Under Section 217 CA61
I R T A A O O, M D O O W A B T T W E O I C T, O A F, T A O O F A P E T G S C O A
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.
Takes or Obtains A Document
What is Hayes v R, in terms of the meaning dishonestly?
T Q I W T B I A H, N W T B I R. H R M B R A E O T I O W T B W A H
The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held
Takes or Obtains A Document
Define Takes
What section is takes defined under?
For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved (Section 219(4), CA61)
Takes or Obtains A Document
Define Document - Under Section 217 CA61
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 sored and can be reproduced.
Takes or Obtains A Document
What is R v Misic in terms of documents
A D I A T W P E O I O S A A R
Essentially a document is a thing which provides evidence or information or serves as a record
Uses/Attempts to use A Document
INGREDIENTS
With intent to obtain any property, service, pecuniary advantage or valuable consideration;
Dishonestly;
And without claim of right;
Uses or attempts to use any document.
Uses/Attempts to use A Document
What is R v Morely, in terms of intent?
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
Uses/Attempts to use A Document
Define Claim of Right under Section 2, CA61
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.
Uses/Attempts to use A Document
Defines Uses or Attempting to Use
The prosecution must prove that the offender used or attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration.
Uses/Attempts to use A Document
What is Hayes v R, in terms of using / attempting to use?
An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary ingredient of the offence. because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.
Uses / Attempts to Use A Document
ACT
SECTION
PENALTY
Crimes Act 1961
Section 228(1)(b)
7 years
Obtaining by Deception (240(1)(a))
INGREDIENTS
By any deception;
And without claim of right;
Obtains possession of or control over any property or any privilege, service, pecuniary advantage, or benefit, or valuable consideration.
Obtaining by Deception
Define Deception
And what section is deception defined under?
Section 240(2)
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 any person.
Obtaining by Deception
Define 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 wilful blindness as to the falsity of the statement will suffice.
Obtaining by Deception
Define Intent to Deceive
Offender must know representation is false and intend the other person to act upon it as genuine.
