Liabilites & Definition

Question 1

Dishonestly taking a document

Answer 1

CA1961
S228(1)(a)

Dishonestly
Without Claim of Right
Takes / Obtains
Any Documents
With intent to
- Obtain any property
- Service
- Pecuniary Advantage
- Valuable Consideration

Question 2

Dishonestly uses / attempts to use a document

Answer 2

CA1961
S 228(1)(b)

Dishonestly
Without Claim of Right
Uses / Attempts to use
Any Documents
With intent to
- Obtain any property
- Service
- Pecuniary Advantage
- Valuable Consideration

Question 3

Elements - Obtains by deception OR causes loss by deception (ownership)

Answer 3

CA1961
S 240(1)(a)

Any deception
Without claim of right
Obtains / Ownership / Possession / Control Over
Any Property / Privilege / Service / Pecuniary Advantage / Benefit / Valuable Consideration
Direct or Indirectly

Question 4

Elements of Obtaining Credit by Deception

Answer 4

CA1961
S240(1)(b)

Any deception
Without Claim of right
In occurring debt or liability
Obtains credit

Question 5

Elements in - Causes loss by deception

Answer 5

CA1961
S240(1)(d)

By any deception
Without claim of right
Causes loss to any other person

Question 6

Dishonestly

Answer 6

R v Hayes
Whether the belief is actually held, not if belief was unreasonable

Done without belief in consent from a person with authority

Question 7

Without claim of right

Answer 7

No belief of possessory or proprietary right to property

Question 8

Uses

Answer 8

Single action or continuing use

Question 9

Attempts

Answer 9

R v Hayes
Unsuccessful use of a document is much as attempt as a successful one.

Question 10

Any document

Answer 10

R v Misic
Thing which provides evidence or information or serves as a record

Question 11

With intent to obtain

Answer 11

Commit the act, get the specific result

R v Morley
Purposeful intent at the time the deception is practised

Question 12

Property

Answer 12

Real and personal property, any estate or interest.

Question 13

Service

Answer 13

R v Cara
Service is limited to financial or economic value and excludes privileges or benefits

Question 14

Pecuniary Advantage

Answer 14

R v Hayes
Anything that enhances the accused financial position

Question 15

Valuable consideration

Answer 15

Anything capable of being valuable consideration

R v Hayes
Money or monies worth

Question 16

Takes

Answer 16

Theft is committed by a taking, when the offender moves the property or causes it to be moved. Ownership, possession or control over, with or without consent of owner.

Question 17

Define Obtains
S228(1)(a)

Answer 17

Obtain or retain for themself or any other person.

Question 18

By any deception

Answer 18

False representation

R v Morley
An intention to deceive requires purposeful intent at the time the deception is practised

Question 19

Obtains by ownership

Answer 19

Goods come under control, don’t have to physically have them

Question 20

Obtains by possession

Answer 20

R v Cox
Two elements, physical and mental. Custody and control, knowledge and intention

Question 21

Obtains by control

Answer 21

Power of directing or commanding. Do not need to possess

Question 22

Obtains by Credit

Answer 22

Obtains - Obligation to pay or repay at the time received. Must be legally enforceable.
Credit - Intangible, must relate to monetary obligation

Question 23

Cause loss by deception

Answer 23

Loss - Financial Detriment
R v Morley - Loss must have been caused by deception. Only has to play a part in the loss