Define dishonestly
Section 217 Crimes Act 1961
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for the act or omission from a person entitled to give such consent or authority
HAYES v R
Question wether belief actually held, not wether that belief is reasonable
Dishonestly takes or obtains a document
Section 228(1)(a) CA 1961
Dishonestly
Without claim of right
Takes or obtains
Any document
With intent to obtain
Any property
Any service
Any pecuniary advantage
Any valuable consideration
Without claim of right
Section 2 CA 1961
Means belief at the time of the act in a proprietary or possessory right in property in which offence is alleged to have been committed
Definition document
Document or part of a document in any form and includes without limitation
A) any paper or other material used for writing or printing that is marked and capable of being read
B) any photograph or photographic negative
C) any disc, wire, tape, sound track or other material or device on which information or sounds or other data is stored and capable of being reproduced
D) any material by means which information is supplied
R v MISIC
Essentially a document is a thing which provides evidence or information or serves as a record
Dishonesty uses or attempts to use a document
Dishonestly
Without claim of right
Uses or attempts to use
A document
With intent to obtain
Any property
Any service
Any pecuniary advantage
Any valuable consideration
Uses
Adam’s on criminal law
Use can be single use or the continued use of a document
Hayes v r
An unsuccessful use of a document is as much use as a successful one. May be difficult to draw a clear line
Attempts
72 CA 1961
Having intent to commit an offence does or omits an act for the purpose of accomplishing his object is guilty of the offence intended whether it was possible to commit the offence or not
Service definition
R v CARA
Financial or economic value excludes privileges or benefits
Pecuniary advantage defined
Hayes v r
Anything and hat enhances the accused’s financial position
Valuable consideration definition
Hayes v r
Anything capable of being valuable consideration wether monetary kind or any other kind essentially money or moneys worth
Obtains property by deception
Section 240(1)(a) ca 1961
By any deception
Without claim of right
Obtains
Possession of or control over or ownership of
Any property
Any service
Any benefit
And privilege
Any pecuniary advantage
Any valuable consideration
Directly or indirectly
Deception defined
240(2) CA 1961
A false representation wether oral, documentary, or by conduct where the person making the representation intends to deceive any other person and
i) knows it to be false in a material particular
ii) is reckless as to wether it is false in a material particular
An omission to disclose a material particular with intent to deceive any person in circumstances where there is a duty to disclose it
A fraudulent device, trick or stratagem used to device any person
Case law relating to deception 240(2)
R v MORLEY
requires that the deception practised in order to decieve the affected party, purposeful intent is necessary and must exist at the time of deception
Representation must relate to a statement of existing fact rather than a statement of future intent
R v MCKAY
intent to device must be present at the time of deception
Possession R v COX
Possession has two elements mental and physical
Includes gaining physical control of property
Awareness of Possession and intent to exercise possession
Obtains credit by deception
Section 240(1)(b)
By any deception
Without claim of right
In incurring any debt or liability
Obtains credit
Debt definition
Money owing from one person to another
Liability definition
Legally enforceable financial obligation to pay
Credit definition
Fisher V raven
Obligation on the debtor to pay or repay and the time given for them to do so by the creditor. Does not extend to an obligation to supply goods or services
Obtains by deception (inducing)
Section 240(1)(c)
By any deception
Without claim of right
Induces or causes any other person to
Deliver over
Execute
Make
Accept
Endorse
Destroy
Alter
Any document
Thing capable of being used to derive a pecuniary advantage
Causes loss by deception
Section 240(1)(d)
By any deception
Without claim of right
Causes loss to any other person
Required to prove inducement
R v LAVERTY
False representation was believed and that it was a consequence of that belief the victim parted with their money
Loss
R v MORLEY
loss was caused by deception
It was reasonably foreseeable some more than trivial loss would occur
Need not prove that loss was intentionally caused
