DISHONESTY: Liability offences?
Crimes act section?
Documents!!!
228(1)(a) - Dishonestly take or obtains
228(1)(b) - Dishonestly uses or attempts to use
DECEPTION offences
Crimes act sections?
240(1)(a) - obtains property
240(1)(b) - obtains credit
240(1)(d) - causes loss
ELEMENTS - 240(1)(a) - obtains property, …, …
CA61
DECEPTION
x By any Deception
x WOCR
x Obtains:
-ownership/possession/control over
x Any:
-Property/privelege/service/percuniary advantage/benefit/valuable consideration
x Directly or indirectly
ELEMENTS - 240(1)(b) - obtains credit
CA61
DECEPTION
x By any deception
x WOCR
x in incurring any
- debt/liability
x obtains credit
Any property..or..or…
DECEPTION
- property
- privelege
- service
- percuniary advantage
- benefit
- valuable consideration
ELEMENTS - 240(1)(d) - causes loss
CA61
DECEPTION
x By any deception (BAD)
x WOCR
x causes loss to any other person
DECEPTION/DISHONESTY
What is important about the intent?
The end goal, the ultimate reason is the thing the intent to relates to.
Did they fraudulently obtain a concert ticket because they wanted to go to the concert or because they needed money and wanted to increase their financial position?
What is a document?
DECEPTION - Dishonestly
228(1)(a) & 228(1)(b)
Essentially a thing which provides evidence or information or serves as a record
A price sticker, a bank record, a drivers licence, a USB stick etc
CASELAW: Document definition
DECEPTION
R v Misic - essentially a document is a thing which provides evidence or information or serves as a record
DEFINITION: obtain
Two elements
DECEPTION
-Intend to obtain (the thing)
-Intend to obtain by deception (the mechanism of obtaining the thing)
DEFINITION: obtain
DECEPTION
Means obtain or retain for himself or herself or for any other person
What sort of activities does ‘service’ cover?
DECEPTION
240(1)(a)
Hairdressing, cleaning, mechanic, massage, taxi ride etc.
CASELAW: Hayes v R $
DECEPTION
Effectively cash money
‘Pecuniary advantage is anything that enhances their accused financial position’
Hayes v R relates to? $ 💈 🖼️
DECEPTION
Pecuniary advantage - cash money
Valuable consideration - umbrella term
Use/attempted use of document
DEFINITION: Service
DECEPTION
Service is limited to an activity having financial or economic value
Eg
A concert is a service
A haircut is a service
A plumber is a service
DEFINITION: property
DECEPTION
Real and personal property.
Any estate, money, electricity, and any debt, and anything in action, and any other right or interest
Valuable consideration is a broad term and encompasses what?
DECEPTION
Pecuniary advantage
This is a narrow definition and mostly applies to cash money
DEFINITION: Valuable consideration
DECEPTION
Anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short money or money’s worth
More broad than pecuniary advantage
Explain Hayes V R?
DECEPTION - Dishonesty
Valuable consideration - anything capable of valuable consideration, wether of monetary kind or any other kind, in short money or moneys worth
Pecuniary advantage - anything which increases the accused financial position. Essentially cash money
Use of a document/attempted/failed
CASELAW: Hayes v R
DECEPTION - valuable consideration
Anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short money or money’s worth
Hayes v R relates to what topics & offences?
DECEPTION
228(1)(a), 228(1)(b) & 240(1)(a)
- valuable consideration ☂️
- Pecuniary advantage
- successful/unsuccessful use of a document.
“an unsuccessful use of a document is as much use as a successful one. The concept of attempt relates to use not the ultimate obtaining of a pecuniary advantage”
DEFINITION: Deception?
(a)
(i), (ii)
(b)
(c)
DECEPTION S240
(a) false representation, wether verbal, documentary or by conduct, intending to deceive
(i) knowing false in a material particular
(ii) is reckless as to if false in a material particular
(b) an omission to disclose MP, with intent to deceive
(c) fraudulent DTS in intent to deceive
MP - material particular
DTS - device, trick, stratagem
If I try to use a stolen bank card but there is no money in the account to pay for something is that still an offence?
DECEPTION
YES
- still considered using or attempting to use a document
-does not require successfully obtaining a benefit
-only that the intent behind using the document (bank card) was to obtain a benefit
DEFINITION: Use (document)
DECEPTION
128(1)(b)
‘Use’ can include a single action, or the continuing use of a document over a period of time
