Deception

Question 1

Dishonestly Taking a Document

Answer 1

1. Dishonestly
2. Without claim of right
3. Takes OR Obtains
4. Any document
5. With intent to obtain any:
   -Property
   -Service
   -Pecuniary Advantage
   -Valuable Consideration

S228(1)(a) Crimes Act 1961

Question 2

Dishonestly Uses Document

Answer 2

1. Dishonestly
2. Without Claim of Right
3. Uses or Attempts To Use
4. Any Document
5. With intent to obtain any
   -property
   -service
   -pecuniary advantage
   -Valuable Consideration

S228(1)(b) Crimes Act 1961

Question 3

Obtaining by Deception

Answer 3

1. By any Deception
2. Without claim of right
3. Obtains Ownership OR Possession of OR Control over
4. Any
   -Property
   -privilige
   -Service
   -Pecuniary advantage
   -Benefit
   -Valuable Consideration
5. Directly or indirectly

S240(1)(a) Crimes Act 1961

Question 4

Obtains by Deception (Debt)

Answer 4

1. By any deception
2. Without claim of right
3. In incurring any debt OR liability
4. Obtains Credit

Question 5

Causing Loss by Deception

Answer 5

1. By any deception
2. Without Claim of right
3. Causes loss to any other person

Question 6

Definition of ‘Obtain’

Answer 6

Obtain or retain for himself or any other person - S217 CA1961

Question 7

Definition of ‘Property’

Answer 7

Real and personal property - S2 CA1961

Question 8

Definition of ‘Service’

Answer 8

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

Question 9

Definition of ‘Pecuniary Advantage’

Answer 9

Anything that enhances the accused’s financial position - Hayes v R

Question 10

Definition of ‘Valuable Consideration’

Answer 10

Anything capable of being valuable consideration, whether or not of a monetary kind.

Question 11

Hayes v R

Answer 11

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

Question 12

R v Misic

Answer 12

A document is a thing which provides evidence or information or serves as a record.

Question 13

Definition of ‘deception’

Answer 13

A false representation or an omission intended to deceive another person

Question 14

R V Morley (deception)

Answer 14

An intention to deceive requires that the deception is practised to deceive the affected party.

Question 15

Define ‘debt’ and define ‘liability’

Answer 15

Debt means money owing from one person to another

Liability means a legally enforceable financial obligation to pay.

Question 16

Define ‘title’

Answer 16

A right or claim to the ownership of property