Obtaining Property (etc) By Deception

Question 1

Obtaining by deception or causing loss by deception (a)

Answer 1

240(1)(a) Crimes Act 1961
By any deception
W.O.C.R
Obtains ownership, or, possession, or, control over
Any property, or, privilege, or service, or pecuniary advantage, or, valuable consideration
Directly, or, indirectly

Question 2

Ownership, possession or control may be…

Answer 2

Directly or indirectly obtained

Question 3

Define: Privilege & Benefit

Answer 3

Special right or advantage.
E.g - invasion of another’s privacy, obtaining another’s password, accessing email communications, obtaining info to embarrass or exploit someone.

Question 4

Examples of Privilege or Benefit.

Answer 4

• Using someone else’s gym membership card to access gym.
• Access to medical services.
• The withdrawal of an assault charge.
• A reduction in sentence for an offence.

Question 5

When a benefit or privilege does not involve money, you don’t need to have any?

Answer 5

Financial loss, or injury to the person being defrauded.

Question 6

What is the important distinction between theft and deception?

Answer 6

Theft - The property is obtained without the owners permission and title is not passed on.

Question 7

For Possession, what is needed?

Answer 7

Both physical and mental elements must be proved to satisfy possession. R v Cox

Question 8

Possession - Physical element

Answer 8

Physical custody or control, and can be actual or potential.

Question 9

Possession - Mental Element

Answer 9

A combination of both knowledge that the person possess the item and intention to possess it.

Question 10

Define: Control

Answer 10

To control something means to exercise authoritative or dominating influence or command over it.

Question 11

Four examples of pecuniary advantage.

Answer 11

• Cash from stolen goods.
• Clothing or cash obtained by a credit or eftpos card.
• A discount by using a student ID card.
• Avoiding or deferring payment of a debt.