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Flashcards in DECEPTION - Legislation Deck (12)
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1
Q

TAKING/OBTAINING A DOCUMENT (a)

A

TAKING/OBTAINING A DOCUMENT s228(a) Crimes Act 1961 - PENALTY 7 years

  • With intent

R v MOHAN

R v WAAKA

R V MORLEY

  • to obtain
  • any Property OR Service OR Pecuniary Advantage OR Valuable Consideration

R v HAYES x 2

  • Dishonestly
  • And without claim of right
  • Takes OR Obtains
  • a document

R V MISIC

2
Q

USES/ATTEMPTS TO USE A DOCUMENT (b)

A

USES/ATTEMPTS TO USE A DOCUMENT s228(b) Crimes Act 1961 - PENALTY 7 years

  • With intent

R v MOHAN

R v WAAKA

R V MORLEY

  • To obtain
  • Any Property OR Service OR Pecuniary Advantage OR Valuable Consideration

R v HAYES x 2

  • Dishonestly
  • And without claim of right
  • Uses OR Attempts to use
  • Any document

R V MISIC

3
Q

TAKING/OBTAINING/USED/DEALT WITH (a)

A

TAKING/OBTAINING/USED/DEALT WITH

s228(2)(a) - 3 Years

Without reasonable Excuse

  • Sells, transfers or otherwise makes available

Knowing that the document was -

  • Dishonestly and without claim of right

Taken, obtained or used

4
Q

TAKING/OBTAINING/USED/DEALT WITH (b)

A

DECEPTION - s228(2)(b) - 3 Years

Without reasonable Excuse

  • Sells, transfers or otherwise makes available

Knowing that the document was -

  • Dealt with in a manner specified in paragraph 1

With intent to

  • Obtain any property, pecuniary advanatge, serice or valuable consideration.
5
Q

s228A Crimes Act 1961

A

s228A Crimes Act 1961 - 3 Years

Designing, manufacturing, or adapting goods with intent to facilitate commission of crimes involving dishonesty

Every person is liable to imprisonment for a term not exceeding 3 years who

  • Designs, manufactures, or adapts goods
  • With intent to facilitate
  • The commission of a crime involving dishonesty.
6
Q

s228B Crimes Act 1961

A

s228B Crimes Act 1961 - 3 Years

Possessing, selling, or disposing of goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty

Every person is liable to imprisonment for a term not exceeding 3 years who,

  • Without lawful authority or excuse,
  • Possesses, sells, or disposes of any goods
  • Designed, manufactured, or adapted
  • To facilitate the commission of a crime involving
  • Dishonesty,
  • With intent to use, or to enable another person to use, the goods,
  • To facilitate the commission of a crime involving dishonesty.
7
Q

s228C Crimes Act 1961

A

s228C Crimes Act 1961 - 3 Years

Possessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences

Every person is liable to imprisonment for a term not exceeding 3 years who,

  • Without lawful authority or excuse,
  • Possesses
  • Any goods capable of being used
  • To facilitate the commission of a crime involving dishonesty
  • (other than those specified used to facilitate the commission of that offence).
8
Q

DECEPTION - (1)(a)

A

DECEPTION - s240(1)(a) C.A.61 - PENALTY 7 years, 1 year, 3 mth

  • By any deception

R V MORLEY

  • And without claim of right
  • Obtains ownership OR possession of OR control over

WARNER v MET POL COMMISSIONER

SULLIVAN V EARL OF CAITHNESS

  • Any Property OR Any Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable Consideration

R V HAYES x 2

9
Q

DECEPTION - (1)(b)

A

DECEPTION - s240(1)(b) C.A.61 - PENALTY 7 years, 1 year, 3 mth

  • By any deception

R V MORLEY

  • And without claim of right
  • In incurring any debt OR Liability
  • Obtains Credit

FISHER V RAVEN

R V MCKAY

10
Q

DECEPTION - (1)(c)

A

DECEPTION - s240(1)(c) C.A.61 - PENALTY 7 years, 1 year, 3 mth

  • By any deception

R V MORLEY

  • And without claim of right
  • Induces OR causes any other person to
  • Deliver over OR execute OR make OR accept OR endorse OR destroy OR alter
  • Any document or thing
  • Capable of being used to
  • Derive a pecuniary advantage
11
Q

DECEPTION - (1)(d)

A

DECEPTION - s240(1)(d) C.A.61 - PENALTY 7 years, 1 year, 3 mth

  • By any deception

R V MORLEY

  • And without claim of right
  • Causes Loss to any person

R V MORLEY

12
Q

OBTAINING BY DECEPTION - (1A)

A

OBTAINING BY DECEPTION - 240(1A) CA 61 - 3YRS

Without reasonable excuse

Sells, 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 caused to be

Delivered, executed, made, endorsed or altered