Obtains by Deception - Altering Documents

Question 1

Obtains by Deception - Altering Documents

Answer 1

Obtains by Deception - Altering Documents
S240(1)(c) CA61

(1) By deception and without claim of right

(2) Induces or causes any other person to deliver over, execute, make, accept, endorse, destroy or alter

(3) Any document or thing capable of being used to derive a pecuniary advantage

Question 2

Deception

Legislation

Answer 2

S240(2) CA61

Deception means:

(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or

(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or

(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 3

R v Morley

Intent to Deceive

Answer 3

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

Question 4

R v Morley

Representations

Answer 4

Representations must relate to a statement of existing fact, rather than a statement of future intention

Question 5

Claim of Right

Answer 5

S2 CA61

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 6

Induces
To persuade…

Answer 6

Induces - Oxford Dictionary

To persuade, bring about or give rise to.

Question 7

R v Laverty
It is necessary for…
Inducement - what you must prove

Answer 7

R v Laverty
It is necessary for the prosecution to prove that
the person parting with the property
was induced to do so
by the false representation made.

Question 8

Deliver over, execute, make, accept, endorse, destroy or alter

Answer 8

Deliver over - to surrender up someone or something

Execute - to put a course of action into effect

Endorse - to write or sign on a document

Alter - to change in character or composition, typically in a comparatively small but significant way

Accept - to receive something

Question 9

Document

Legislation

Answer 9

Sec. 217 Crimes Act 1961

Includes part of a document in any form, and includes:
• Paper/material containing anything that can be read
• Photos, negatives and related items
• Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

Question 10

R v Misic

Document

Answer 10

R v Misic

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

Question 11

Cameron v R
Recklessness…

Answer 11

Recklessness is established if:

(a)the defendant recognised that there was a real possibilitythat:

(i)his or her actions would bring about the proscribedresult; and/or
(ii)that the proscribed circumstances existed; and

(b)having regard to that risk those actions were unreasonable.