Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

DDC 06/2022 > Deception Liabilities, Case Law and definitions > Flashcards

Deception Liabilities, Case Law and definitions Flashcards

(58 cards)

Start Studying
1
Q

Section 228(1)(a) Crimes Act 1961

A

Dishonestly taking or using a document

  • Dishonestly
  • Without claim of right
  • Takes OR obtains
  • Any document
  • With intent to obtain any
    - Property
    - Service
    - Pecuniary advantage
    - Valuable consideration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Section 228(1)(a) Crimes Act 1961

A

Dishonestly taking or using a document

  • Dishonestly
  • Without claim of right
  • Takes OR obtains
  • Any document
  • With intent to obtain any
    - Property
    - Service
    - Pecuniary advantage
    - Valuable consideration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Section 228(1)(b) Crimes Act 1961

A

Dishonestly taking OR using a document

  • Dishonestly
  • Without claim of right
  • Uses OR attempts to use
  • Any document
  • With intent to obtain any
    - Property
    - Service
    - Pecuniary advantage
    - Valuable consideration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Section 240(1)(a) Crimes Act 1961

A

Obtaining OR causing loss by deception

  • By any deception
  • Without claim of right
  • Obtains ownership OR possession of OR control over
    - Any property
    - Any privilege
    - Service
    - Pecuniary advantage
    - Benefit
    - Valuable consideration
  • Directly OR indirectly
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Section 240(1)(b) Crimes Act 1961

A

Obtaining by deception OR causing loss by deception

  • By any deception
  • Without claim of right
  • In incurring any debt OR liability
  • Obtains credit
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Section 240(1)(c) Crimes Act 1961

A

Obtaining OR cause loss by deception

  • By any deception
  • Without claim of right
  • Induces OR causes any other person to
    - deliver over
    - Execute
    - Make
    - Accept
    - Endorse
    - Destroy OR alter
  • Any document OR thing capable of being used to derive a pecuniary advantage.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

R V MISIC

A

Application: Document

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

AP SIMESTER AND WJ BROOKBANKS

A

Application: Guilty knowledge

Knowing means “knowing or correctly believing”. The defendant may believe something wrongly, but cannot ‘know’ something that is false”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

HAYES V R - Uses a document (attempts)

A

Application: Uses a document (attempts)

An unsuccessful use of a document is as much use as a successful one.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

R V CARA

A

Application: Service

“Service is limited to financial or economic value, and excludes privileges or benefits”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

HAYES V R - Pecuniary advantage

A

Application: Pecuniary advantage

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

HAYES V R - Valuable consideration

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 moneys worth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

R V MORELY - intent to deceive

A

Application: Intent to deceive - deception

Purposeful intent to deceive is necessary and must exist at the time of deception.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

SIMESTER AND BROOKBANKS - Debt or liability

A

Application: Debt or liability

The debt or liability must be legally enforceable. This means that if the contract is void or illegal there will be no offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

SIMESTER AND BROOKBANKS - deriving a pecuniary advantage

A

Application: Thing capable of being used to derive a pecuniary advantage

the ‘thing’ must be tangible and must be capable of being used to derive a pecuniary advantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

MORLEY V R - cause loss

A

Application: Cause loss

The loss alleged by the victim must have been induced by, or caused by, the deception. It doesn’t need to be the only factor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Dishonestly taking or using a document - Act and Section

Takes or obtains

A

Crimes Act 1961 - Section 228(1)(a)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Dishonestly taking or using a document - ingredients

Takes or obtains

A

Crimes act 1961 - section 228(1)(a)

  • Dishonestly
  • Without claim of right
  • Takes or obtains
  • Any document
  • With intent to obtain any:
  • Property/service/pecuniary advantage/valuable consideration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Dishonestly taking or using a document - act and section

Uses or attempts to use

A

Crimes act 1961 - section 228(1)(b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Dishonestly taking or using a document - ingredients

Uses or attempts to use

A

Crimes act 1961 - section 228(1)(b)

  • Dishonestly
  • Without claim of right
  • Uses or attempts to use
  • Any document
  • With intent to obtain any: property/service/pecuniary advantage/valuable consideration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Obtaining by deception or causing loss by deception (obtaining property) - act and section

A

Crimes act 1961 - section 240(1)(a)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Obtaining by deception or causing loss by deception (obtains ownership etc) - ingredients

A

Crimes act 1961 - section 240(1)(a)

  • By deception
  • Without claim of right
  • Obtains ownership OR possession of OR control over:
  • any property/privilege/service/
    pecuniary advantage
    /benefit/valuable consideration
  • Directly or indirectly
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Obtaining by deception or causing loss by deception (obtains credit) - act and section

A

Crimes act 1961 - section 240(1)(b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Obtaining by deception or causing loss by deception (obtains credit) - ingredients

Study These Flashcards
A

Crimes act 1961 - section 240(1)(b)

  • By any deception
  • Without claim of right
  • In incurring any debt or liability
  • Obtains credit
25
Obtaining by deception or causing loss by deception (derives pecuniary advantage) - act and section
Crimes act 1961 - section 240(1)(c)
26
Obtaining by deception or causing loss by deception (derives pecuniary advantage) - ingredients
Crimes act 1961 - section 240(1)(c) - By any deception - Without claim of right - Induces OR causes any other person to: - deliver over - execute - make - accept - endorse - destroy, or - alter 4. Any document OR thing capable of being used to derive a pecuniary advantage
27
Causing loss by deception - act and section
Crimes act 1961 - section 240(1)(d)
28
Causing loss by deception - ingredients
Crimes act 1961 - section 240(1)(d) - By any deception - Without claim of right - Causes loss to any other person.
29
Any deception - Definition
- A false representation (Oral, documentary or by conduct) where they intend to deceive and: i) knows that it is false ii) Is reckless to it being false - An omission - A fraudulent device, trick or stratagem
30
Representation - definition
It must be capable of being false so must contain a provocation of fact. (SIMESTER AND BROOKBANKS)
31
False Representation - definition
The defendant must know of believe it to be false. Must prove: - That there was intent to deceive - That there was representation - That the representation was false and the defendant: - knew it to be false OR - Was reckless as to whether it was false
32
Intent to deceive - definition
R V MORLEY - Purposeful intent is necessary and must exist at the time of the deception HOWEVER 'Adams on criminal law' notes that it can be of continuing effect and if they make the decision part way through they can continue with a false representation
33
Continuing effect - definition
Once someone has made the decision to commit an act of deception they continue with false representation to achieve this outcome (E.g deciding part way through a meal that you won't be paying - continuing to act as though you will before leaving)
34
Intent - definition
A deliberate act committed to bring about a specific result
35
Orally - definition
Spoken word
36
Conduct - Definition
Doing something to cause someone to act a certain way E.g. wearing a university gown to get discounts
37
Documentary - Definition
Producing a certificate (etc) of qualification falsely
38
Material particular definition
Something important or something that matters
39
Knowledge - Definition
SIMESTER AND BROOKBANKS - Knowing or correctly believing R V CROOKS - Wilful blindness thus equating to knowledge
40
Recklessness - definition
CAMERON V R - Deliberate taking of an unjustified risk Must prove: - His/her actions would bring about a proscribed result - AND/OR that the prescribed situation existed AND - Having regard for that risk, those actions were unreasonable
41
Omission - Definition
Not acting / in action
42
Device - definition
A plan, scheme or trick
43
Trick - definition
An action or scheme undertaken to fool, outwit or deceive
44
Strategem - definition
A cunning plan or scheme especially for deceiving an enemy or trickery
45
Privilege OR benefit- Definition
'Special right or advantage' - Used interchangeably E.G using a persons gym membership card
46
Ownership - definition
Synonymous with the concept of title
47
Possession - definition
R V COX - Must prove the mental and physical element of possession Physical - Actual or potential custody/control Mental - Knowledge that it exists AND intention to exercise possession
48
Control - definition
the power of directing command
49
Debt - definition
Money owing from one person to another
50
Liability - definition
Legally enforceable financial obligation to pay, such as the cost of a meal
51
Credit - definition
Obligation on the debtor to pay or re pay
52
Under 240(1)(b) what must you prove?
- By any deception - In incurring any debt or liability - obtained credit
53
Loss - definition
Financial detriment to the victim
54
What must you prove for S240(1)(d)
- The loss was caused by deception - It was reasonably foreseeable that some loss would occur - Need not prove it was intentionally induced NOTE: There must be a loss to another person but it need not be for anothers gain
55
Is propensity evidence admissible?
Yes, in cases of deception where there is a sufficiently strong link between the two - similar methodology or pattern
56
Title - definition
The right or claim to the ownership of that property
57
Voidable title - definition
A title obtained by deception, fraud, duress or misrepresentation is called a 'voidable title'. The defrauder can pass on 'good title' if their 'voidable title' hasn't been 'voided'. If the purchaser purchases with good faith and value.
58
What is needed to void title?
Seeking some judicial determination (through civil, disputes or small claims court) + complaint to police

DDC 06/2022 (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions