Obtains By Deception Flashcards
(14 cards)
Define elements for obtains by deception CA61 s228(1)(a)
Hint: taking or obtaining a document
- Dishonestly
- Without claim of right
- Takes or obtains
- Any document
- With intent to obtain any;
- Property
- Service
- Pecuniary advantage
- valuable consideration
Define elements for obtains by deception CA61 s228(1)(b)
Hint: use or attempts to use
- Dishonestly
- Without claim of right
- Uses OR attempts to use
- Any document
- With intent to obtain;
- Property
- Service
- Pecuniary advantage
- Valuable consideration
Define Obtain
Means obtain or retain for himself or herself or for any other person.
Define: Property
Includes real and personal property and any estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right or interest.
Define Dishonestly
The absence of consent or authority from the person entitled to give such consent or authority.
Define without claim of right
Without belief at the time of the act in having possessory right to that property.
Explain R v Misic
Hint: document
Essentially a document is a thing which provides evidence or information or serves as a record.
R v Morley
Hint: Purposeful intent
Purposeful intent is necessary and must exist at the time of the deception.
Extra note:
The prosecution must prove that:
- the loss was caused by a deception.
- it was reasonably foreseeable some more than tribal loss would occur, but
- the prosecution need not prove the loss was intentionally caused.
Thus there must be a loss to any other person.
Define each: Fraudulent device, trick or stratagem
Device: A plan, scheme or trick.
Trick: An action or scheme undertaken to fool, outwit, or deceive.
Stratagem: A cunning plan or scheme especially to deceive an enemy or trickery.
Define R v Cox
R v Cox
Possession involves two elements. The first is the physical element, actual physical custody or control. The second referred to as the mental element, a combination of knowledge and intention.
Define Hayes v R (1)
Hint: Pecuniary advantage
Pecuniary advantage is anything that enhances the accused financial position.
Define Hayes v R (2)
Hint: money or money’s worth
A valuable consideration is anything capable of being valuable consideration in short money or money’s worth.
Outline the concept of title
A right or claim to ownership of property.
What is voidable title?
A title obtained by deception, fraud, duress or misrepresentation is called a ‘ voidable title.’
