Deception

Question 1

Ingredients to Section 228 (1)(a) Crimes Act 1961 - Dishonestly Takes a document

Answer 1

Dishonestly
Without claim of right
Takes or obtains
Document

Question 2

Dishonestly

Answer 2

Done or omitted without belief that there was expressed or implied consent but a person entitled to consent, or a person entitled to authorise

Question 3

Without claim of right

Answer 3

A belief in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed.

Question 4

Takes or Obtains

Answer 4

Taking - when the offender moves the property or causes it to be moved - ownership, possession or control maybe directly or indirectly obtained.

Obtains- obtain or retains for himself or for any other person

Question 5

Document

Answer 5

A document is a thing which provides evidence or info or serves as a record eg photo, disc, tape, paper

Question 6

Document case law

Answer 6

R v Misic - Essentially a document is a thing which provides evidence or info or serves as a record

Question 7

Ingredients to Section 228 (1)(b) Crimes Act 1961 - Uses/attempts to use a document

Answer 7

Intent to obtain
Any property, service, pecuniary advantage, or valuable consideration
Dishonestly
Without claim of right
Uses or attempts to use
Document

Question 8

Intent to obtain

Answer 8

The Defendant must intend to obtain, and do so by deception

Question 9

Any property, service, pecuniary advantage, or valuable consideration

Answer 9

Property - includes real and person property or interest in real property e.g money, electricity and any debt.
Service - Limited to financial or economic value & excludes privileges or benefits
Pecuniary advantage - Anything that enhances the accused financial position.
Valuable consideration - Anything capable of being valuable consideration whether of monetary kind e.g money or moneys worth

E.g using someone else’s gym membership

Question 10

Uses or attempts to use

Answer 10

Must prove the offender used or attempted to use the intent to obtain the property, service, valuable consideration, pecuniary advantage

Question 11

Attempts

Answer 11

May constitute an attempt if immediately or proximately connected with the intended offences whether or not there was any act unequivocally shoeing the intent to commit that offence.

Question 12

Ingredients to Crimes Act 1961, Section 240 (2) - Deception

Answer 12

A false representation whether oral, conduct, documentary AND

(a) (i) knows it is false in a material particular OR
(ii) is reckless as to whether it is false in a material particular OR
(b) An omission to disclose a material particular with intent to deceive in circumstances where there is duty to disclose it OR
(c) A fraudulent device, trick used with intent to deceive.

Question 13

What do you have to prove with deception?

Answer 13

-There was an intent to deceive
- There was a representation by the defendant
That representation was false in a material particular OR was reckless whether it was false in a material particular

Question 14

Ingredients to Crimes Act 1961, Section 240 (1)(a) - Deception or causing loss of deception

Answer 14

Obtains
Deception
Without claim of right
Obtains
Ownership, OR possession of OR control over
Any property OR
Any privilege, service, pecuniary advantage, benefit or valuable consideration,

Question 15

Ownership, OR possession of OR control over

Answer 15

Ownership, possession of or control over maybe directly or indirectly obtained
Goods are obtained by a defendant if the goods come under their control even though they not have physical possession of them

Question 16

Possession

Answer 16

Possession involves two elements
1st - the physical element is actual or potential custody or control
2nd - The mental element - combination of knowledge and intention

Question 17

Ingredients to Crimes Act 1961, Section 240 (1)(b) - Deception or causing loss of deception

Answer 17

Deception
Without claim of right
Debt or liability
Obtains
Credit

Question 18

Debt or liability

Answer 18

Debt - money owing from one person to another

Liability - legally enforceable financial obligation to pay, such as cost of a meal

Question 19

Credit

Answer 19

Obligation on the debtor to pay or repay, and the time given to them to do so by the creditor

Question 20

What you must prove - Section 240 Crimes Act 1961 (1)(b) -

Answer 20

The identity of the suspect and they they:

• By deception without claim of right
• In incurring and debt or liability
• Obtained credit

Question 21

Section Act 1961, 240 Crimes (1)(c) - Deception or causing loss of deception

Answer 21

(1) Everyone is guilty of obtaining by deception or causing lose by deception who, by any deception and without claim of right
(c) induces or causes any person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive pecuniary advantage

Question 22

Induce

Answer 22

To persuade bring about or give rise

Question 23

Ingredients of - Crimes Act 1961, Section 240(1)(c) - Deception or causing loss of deception

Answer 23

Induce
Causes
Delivers over, execute, make,accept, endorse, destroy, or alter
Document
Thing

Question 24

Causes

Answer 24

The defendant, or an act of the defendant, must be the substantial and operative cause of the delivery, execution etc, of any document capable of deriving pecuniary advantage
The Defendant must cause loss

Question 25

Delivers over, execute, make,accept, endorse, destroy, or alter

Answer 25

Delivers over - Surrender up someone or something
Execute - - To put a course of action into affect
Make-
Accept - To receive something
Endorse - To write or sign document
Destroy -
Alter - To change in character or composition, typically in a comparatively small but significant way

Question 26

Thing

Answer 26

The thing must be capable of being used to derive a pecuniary advantage

Question 27

Ingredients of - Crimes Act 1961, Section 240(1)(d) - Deception or causing loss of deception

Answer 27

Deception
Without claim of right
Cause
Loss
To any other person

Question 28

Deception

Answer 28

A false representation whether oral, conduct, documentary AND

(a) (i) knows it is false in a material particular OR
(ii) is reckless as to whether it is false in a material particular OR
(b) An omission to disclose a material particular with intent to deceive in circumstances where there is duty to disclose it OR
(c) A fraudulent device, trick used with intent to deceive.

Question 29

In R v Morley the court said the prosecution must prove what?

Answer 29

• The loss was caused by deception
• it was reasonably foreseeable some more than trivial loss would occur, BUT
• need not to prove the loss was intentionally caused.

THERE MUST BE A LOSS TO ANY PERSON

Question 30

Propensity

Answer 30

An inclination or natural tendency to behave in a particular way.

Question 31

Difference between deception and theft?

Answer 31

Deception - the person with special interest has freely given the offender possession
theft - taken the property without the owners knowledge or consent

Question 32

Section 246 (4) Crimes Act 1961 - Receiving after restoration to owner

Answer 32

If

(a) any property stolen or obtained by any other imprisonable offence has been returned to the owner OR
(b) legal title to any such property has been acquired by an person - a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence

Question 33

Case law - Deception - R V MISIC

Answer 33

Document = a thing which provides
•	evidence, 
•	information, 
•	serves as a record
(MISIC – MISCELLANEOUS - remember the “miscellaneous” file in our computers, with all the miscellaneous documents in it… )

Question 34

Case law - Deception - HAYES V R x 3

Answer 34

1. An unsuccessful use of a document is as much an attempt (use) as a successful one.
2. Pecuniary advantage = anything that enhances the accused’s financial position.
3. Valuable consideration = anything whether of a monetary kind or other.
   In short, money or money’s worth.

Question 35

Case law - Deception - R v MORLEY

Answer 35

Loss = extent to which the victim’s position prior has been diminished or impaired.
(MORLEY – MORE – MORE MONEY – less money – the victim has suffered loss of money from the arson of their vehicle.)