1
Q
What does Section 228(1)(a) of the Crimes Act 1961 define?
A
‘takes or obtains any document’
This section outlines specific offences related to dishonestly taking or using documents.
2
Q
What must the prosecution prove in a charge of dishonestly taking or using a document?
A
- Dishonesty
- No claim of right
Unlike theft, there is no requirement to show intention to permanently deprive the owner of the document.
3
Q
True or false: A charge of dishonestly taking or using a document requires proof of intention to permanently deprive the owner.
A
FALSE
There is no such requirement for dishonestly taking or using a document.
4
Q
What is an example of a situation that may lead to a charge of dishonestly taking or using a document?
A
Stealing a credit card with the intention of using it
The definition of a document includes credit cards.
5
Q
What must be proven for a charge under Section 228(2) regarding the document?
A
- Document was dishonestly taken
- Document was dealt with to obtain property, service, pecuniary advantage, or valuable consideration
This applies when the person sells, transfers, or makes available the document.
6
Q
What must the defendant intend to do in relation to intent to obtain?
A
Intend to obtain by deception
This element does not require proof of actual gain or loss, only the intention to cause it.
7
Q
True or false: The prosecution must prove that a defendant has actually gained or caused a loss for intent to obtain.
A
FALSE
The element only requires that the defendant intended the gain or loss to happen.
8
Q
What does obtain mean in the context of the Crimes Act 1961?
A
Obtain or retain for oneself or another person
This definition extends to situations involving legitimate consent or dishonestly obtained consent.
9
Q
According to Section 217, Crimes Act 1961, what does the inclusion of the word obtain allow?
A
Extends to situations where property is obtained through legitimate or dishonest consent
This results in a wider array of circumstances being met compared to theft under s 219.
10
Q
What types of items can be included under the definition of obtain?
A
- Property (particularly money)
- Services
- Advantages
This includes non-monetary items that improve a person’s position, such as intangible benefits.
11
Q
What is defined as property in the Crimes Act 1961?
A
- Real and personal property
- Any estate or interest in real or personal property
- Money
- Electricity
- Any debt
- Anything in action
- Any other right or interest
This definition is found in Section 2 of the Crimes Act 1961.
12
Q
True or false: The term service is defined in the Crimes Act 1961.
A
FALSE
The case of R v Cara clarified that service is limited to financial or economic value and excludes privileges or benefits.
13
Q
In the case of Hayes v R, what does a pecuniary advantage refer to?
A
Anything that enhances the accused’s financial position
This enhancement constitutes the element of advantage.
14
Q
What was the main issue in the Hayes v R case regarding compensation payments?
A
Hayes certified she was unable to work while actually running two companies
She believed her declarations only related to her capacity to work as a teacher.
15
Q
What does valuable consideration refer to?
A
A pecuniary advantage or anything capable of being valuable consideration
It can involve monetary advantages or other forms of value.
16
Q
According to Hayes v R, what constitutes a valuable consideration?
A
“Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”
This case provides a legal definition of valuable consideration.
17
Q
What does dishonestly mean according to the Crimes Act 1961?
A
Done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission
This definition is crucial for understanding legal interpretations of dishonesty.
18
Q
In the context of dishonesty, what may the jury infer according to Hayes v R?
A
The objective facts of a particular case may allow the jury to infer the defendant’s state of mind
This highlights the role of evidence in determining dishonesty.
19
Q
What is the definition of claim of right according to the Crimes Act 1961?
A
A belief at the time of the act in a proprietary or possessory right in property, even if based on ignorance or mistake of fact or law
This definition is found in Section 2(1) of the Crimes Act 1961.
20
Q
True or false: A claim of right must be based on a reasonable belief.
A
FALSE
The belief does not have to be correct or reasonable; it must merely be an honest belief.
21
Q
In the context of dishonesty, what must a defendant demonstrate regarding their belief?
A
The belief must be honestly held, regardless of its correctness or reasonableness
This is significant in determining whether the defendant acted dishonestly.
22
Q
What is the significance of the absence of a requirement for reasonableness in section 217?
A
It indicates that the court focuses on whether the belief is actually held, not its reasonableness
Reasonableness may still be relevant as evidence regarding the belief’s actual holding.
23
Q
What type of belief is required regarding property in the context of the offence?
A
A belief in a proprietary or possessory right in property
This belief relates to ownership or the right to take or retain possession of the property.
24
Q
In the context of the offence, the belief must be about rights to the property in relation to which the offence is alleged to have been committed. True or False?
A
TRUE
A belief regarding other property is not relevant or sufficient.
25
When must the **belief** be held by the defendant?
At the time of the conduct alleged to constitute the offence
## Footnote
This timing is crucial for the belief to be considered valid.
26
What may be relevant in determining the credibility of the defendant's assertion of belief?
The reasonableness of the belief
## Footnote
While not required, it can affect how credible the belief is perceived.
27
How is **'taking'** defined in relation to theft?
Taking is not specifically defined by statute but can be read in conjunction with the definition of theft in s219 of the Crimes Act 1961
## Footnote
This includes moving the property or causing it to be moved.
28
According to Section 219(4) of the Crimes Act 1961, theft is committed by a taking when the offender _______.
Moves the property or causes it to be moved
## Footnote
Ownership, possession, or control may be obtained directly or indirectly.
29
What must the **prosecution** prove regarding the offender's actions?
The offender used or attempted to use the document with the intent to obtain property, service, valuable consideration, or pecuniary advantage
## Footnote
This includes proving the intent behind the use of the document.
30
According to **Hayes v R**, what is said about unsuccessful use of a document?
An unsuccessful use of a document is as much use as a successful one
## Footnote
The case clarifies that the concept of attempt relates to use, not the ultimate obtaining of a pecuniary advantage.
31
True or false: The concept of **attempt** relates to the ultimate obtaining of a pecuniary advantage.
FALSE
## Footnote
The concept of attempt relates to use, not to the ultimate obtaining of a pecuniary advantage.
32
What does **use** of a document include according to **Adams on Criminal Law**?
* A single action, such as handing over a document
* Continuing use of a document
## Footnote
This definition highlights the various ways a document can be considered used.
33
According to section 217, a **document** includes which of the following?
1. Any paper or material used for writing or printing
2. Any photograph or photographic negative
3. Any disc, tape, or sound track
4. Any material supplying information to a recording device
5. Any material derived from recorded information
1. Any paper or material used for writing or printing
2. Any photograph or photographic negative
3. Any disc, tape, or sound track
4. Any material supplying information to a recording device
5. Any material derived from recorded information
## Footnote
This definition is extensive and non-exhaustive.
34
Fill in the blank: A **document** is essentially a thing which provides _______ or information or serves as a record.
evidence
## Footnote
This definition highlights the fundamental purpose of a document.
R v Misic
35
True or false: The definition of a **document** changes with technological advancements.
FALSE
## Footnote
The fundamental purpose of technology in providing evidence or information remains unchanged.
36
What does the term **document** encompass according to the Crimes Act 1961?
* Any paper or material used for writing or printing
* Photographs and photographic negatives
* Discs, tapes, and sound tracks
* Materials supplying information to recording devices
* Derived materials from recorded information
## Footnote
This broad definition includes various forms of evidence and records.
37
What is the **section number** of the Crimes Act 1961 that addresses obtaining by deception?
Section 240
## Footnote
This section outlines the legal framework for obtaining or causing loss by deception.
38
Who is guilty of **obtaining by deception or causing loss by deception**?
Every one who, by any deception and without claim of right, does any of the following:
* Obtains ownership, possession, or control over property or benefits
* Incurs debt or liability to obtain credit
* Induces or causes another person to alter documents for pecuniary advantage
* Causes loss to another person
## Footnote
These actions are defined under the Crimes Act 1961.
39
Fill in the blank: A person is guilty of obtaining by deception if they obtain _______ or possession of any property.
ownership
## Footnote
This refers to the legal acquisition of property through deceptive means.
40
True or false: A person can be guilty of causing loss by deception even if they do not directly benefit from the deception.
TRUE
## Footnote
Causing loss to another person is a key component of the offense.
41
What must a person do to be guilty of **inducing or causing** another person to alter a document?
They must do so by deception and without claim of right
## Footnote
This includes actions that lead to changes in documents that can provide financial gain.
42
What is the definition of **deception** according to s240(2) of the **Crimes Act 1961**?
A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and:
* knows that it is false in a material particular;
* is reckless as to whether 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 with intent to deceive any person.
## Footnote
This definition provides an exhaustive understanding of what constitutes deception.
43
True or false: A person can act with deception if they are **reckless** as to whether the facts they are offering are true or not.
TRUE
## Footnote
The definition of deception includes recklessness regarding the truth of the information offered.
44
What types of **representations** can be considered under the definition of deception?
* Past or present fact
* Future event
* Existing intention, opinion, belief, knowledge, or other state of mind
## Footnote
Representations must be capable of being false and must contain a proposition of fact.
45
Fill in the blank: Deception includes a **false representation**, an omission to disclose a material particular, or a _______.
fraudulent device, trick, or stratagem
## Footnote
This highlights the various forms that deception can take.
46
What is the significance of the **definition of deception** in legal terms?
It provides a comprehensive framework for understanding offences of obtaining by deception or causing loss by deception.
## Footnote
Understanding this definition is integral to legal proceedings involving deception.
47
Under the current law, what must be proven about the **representation**?
It must be false and the defendant must know or believe it is false in a material particular, or be reckless as to whether it is false
## Footnote
Absolute certainty is not required; willful blindness to the falsity suffices.
48
In **Carlos v R**, what was directed regarding each alleged **misrepresentation**?
Each alleged misrepresentation should be included in a separate count
## Footnote
This case highlights the necessity of proving each false representation distinctly.
49
What are the four elements that must be proven regarding **false representation**?
* Intent to deceive
* Representation by the defendant
* Representation is false
* Defendant knew it was false or was reckless about its falsity
## Footnote
Each element is crucial for establishing the offense.
50
According to **R v Morley**, what is necessary for an **intention to deceive**?
Purposeful intent must exist at the time of the deception
## Footnote
No offense is committed unless the false statement or trick is made with the purpose of deceiving.
51
True or false: The **deception** must be made to the person actually delivering over the property to constitute an offense.
FALSE
## Footnote
The deception need not be directed at the person delivering the property, as long as it causes the relevant conduct.
52
What does **Intent** mean in legal terms?
**Intent** means that the act or omission must be done deliberately.
## Footnote
The act or omission must be more than involuntary or accidental.
53
What is an example of **false representation** by spoken words?
Verbally claiming to own goods that are in fact subject to a hire purchase agreement.
## Footnote
This illustrates how spoken words can mislead others.
54
What is an example of **false representation** by conduct?
Representing oneself to be a collector for charity by appearing to be carrying an official collection bag.
## Footnote
This demonstrates how actions can convey misleading information.
55
In **R v Barnard**, how did the defendant misrepresent himself?
He entered a shop wearing a cap and gown to convey the notion that he was a member of the university.
## Footnote
This allowed him to receive a discount offered to university students.
56
What is an example of **false representation** through documentary means?
Presenting a false certificate of qualification or completing a valueless cheque.
## Footnote
This involves knowingly using documents that mislead others.
57
What does **continuing effect** refer to in legal representation?
A representation by words or conduct may have a continuing effect.
## Footnote
For example, ordering dinner in a restaurant represents that the diner will pay for the meal.
58
What must the **prosecution prove** regarding the defendant's knowledge of a false representation?
* The defendant knew the representation was false
* The defendant was reckless as to its falsity
## Footnote
Absolute certainty is not required.
59
In the context of knowledge, what does **knowing** mean?
Knowing means 'knowing or correctly believing'
## Footnote
The defendant may believe something wrongly but cannot 'know' something that is false.
60
How can **knowledge** be established?
* An admission
* Implication from the circumstances
* Propensity evidence
## Footnote
In R v Crooks, 'willful blindness' can equate to knowledge.
61
What is a **material particular** in legal terms?
An important, essential, or relevant detail or item
## Footnote
A minor detail may be considered material if it is consequential to the case.
62
What must the prosecution establish regarding a defendant's belief in a **false representation**?
* The defendant knows or believes the representation is false
* The defendant is reckless as to whether it is false
## Footnote
The question of materiality is assessed objectively.
63
What does **recklessness** involve in legal terms?
Consciously and deliberately taking an unjustifiable risk
## Footnote
Recklessness is an element in legislation for many offences.
64
What is the definition of **recklessness** in the context of criminal law?
Recklessness is a test based on the defendant's appreciation of the risk of the offence and their decision to run that risk anyway.
## Footnote
It involves recognizing a real possibility that actions could lead to a proscribed result or circumstances.
65
According to the **Cameron test**, how is recklessness established?
* The defendant recognized a real possibility that their actions would bring about the proscribed result
* The actions were unreasonable given the risk understood
## Footnote
Part (a) is subjective, while part (b) is both subjective and objective.
66
What does a **'real possibility'** mean in the context of recklessness?
'Real possibility' is substantively the same as something that 'could well happen'
## Footnote
This definition is based on the leading case R v Harney 1987.
67
What is the significance of **social utility** in determining recklessness?
If the defendant's actions have no social utility, running any risk is considered unreasonable and thus reckless.
## Footnote
If there is social utility, the reasonableness of the actions depends on whether a reasonable and prudent person would have taken the risk.
68
In R v Tipple, how is **recklessness** characterized?
Recklessness is given a subjective meaning, requiring the offender to know of or have a conscious appreciation of the relevant risk.
## Footnote
It may also require a deliberate decision to run the risk.
69
What does **omission** refer to in criminal law?
Omission refers to inaction, which can be a conscious decision not to act or a failure to give thought to the matter.
## Footnote
Omission is not defined within the Crimes Act 1961.
70
What does Section 240(2)(b) concern regarding **omission**?
It concerns an omission to disclose a material particular, with intent to deceive where there is a duty to disclose.
## Footnote
This highlights the legal implications of failing to act when there is a duty.
71
What must be shown to establish a **DUTY TO DISCLOSE** under s240(2)(b)?
* Intent to deceive
* Material particular not disclosed
* Defendant under a duty to disclose
* Defendant failed to perform that duty
## Footnote
A duty to disclose often originates in civil law, especially in contractual relationships.
72
In **R v Love**, what constitutes a **deliberate failure** to disclose?
A deliberate failure to disclose some material matter by a person who has a duty to disclose it
## Footnote
This failure falls within the definition of deception.
73
What does **Section 240(2)(c)** address regarding fraud?
A fraudulent device, trick, or stratagem used with intent to deceive
## Footnote
This provision introduces a general criminal offence of fraud covering any form of fraudulent conduct.
74
True or false: The conduct under s240(2) must be accompanied by an **intent to deceive**.
TRUE
## Footnote
The scheme or trick must be 'fraudulent', meaning dishonest in the traditional moral sense.
75
Define the term **Device** as per the Oxford Dictionary.
A 'plan, scheme or trick'
## Footnote
This definition is relevant to understanding fraudulent conduct.
76
Define the term **Trick** as per the Oxford Dictionary.
An action or scheme undertaken to fool, outwit, or deceive
## Footnote
This term is associated with deceit and dishonesty.
77
Define the term **Stratagem** as per the Oxford Dictionary.
A cunning plan or scheme especially for deceiving an enemy, or trickery
## Footnote
Underlying this term are the concepts of deceit and dishonesty.
78
Fill in the blank: **Ownership, possession, or control** may be directly or indirectly _______.
obtained
## Footnote
This emphasizes that the means of obtaining these rights can vary.
79
What do the terms **privilege** and **benefit** refer to in the context of Section 240?
A special right or advantage
## Footnote
These terms are not limited to pecuniary benefits and can include non-monetary advantages.
80
Provide an example of obtaining a **privilege** without financial loss.
* Using another person's gym membership card
* Access to medical services
* Withdrawal of an assault charge
* Reduction in sentence for an offence
## Footnote
These examples illustrate that benefits can exist outside of monetary contexts.
81
True or false: Financial loss or injury must occur for a privilege or benefit to be considered fraud under Section 240.
FALSE
## Footnote
The law recognizes that benefits or privileges can be obtained without any financial loss to the defrauded person.
82
Goods are obtained by a defendant if they come under their **control**, even if they do not have _______.
physical possession
## Footnote
This highlights that control can be sufficient for obtaining goods.
83
Property may be 'obtained' if a **deception** made to one person means that the property is then actually obtained from another person, provided that the deception operated on the mind of _______.
the person giving up the property
## Footnote
This indicates the psychological aspect of deception in property transfer.
84
True or false: In **theft**, the property is obtained with the owner's permission.
FALSE
## Footnote
In theft, property is obtained without the owner's permission and title is not passed on.
85
What is **ownership** synonymous with?
The concept of title
## Footnote
This indicates the legal right associated with ownership of goods.
86
In certain instances, a person parting with goods not only relinquishes **possession** but also passes on a legal right of _______.
ownership (i.e. 'title to')
## Footnote
This highlights the transfer of legal rights during a transaction.
87
In R v Cox, what two elements must be proved to satisfy **possession**?
* Physical element
* Mental element
## Footnote
The mental element involves knowledge and intention regarding the possession of the substance.
88
What is the **physical element** of possession?
Actual or potential physical custody or control
## Footnote
Actual possession is when the item is in a person's physical custody, while potential possession refers to the ability to control the item.
89
Define **actual possession**.
When the thing in question is in a person's physical custody or control
## Footnote
This indicates direct physical control over the item.
90
Define **potential possession**.
When a person has the potential to have the thing in question in their control
## Footnote
Examples include storing the item at an associate's house or through an agent.
91
What does the **mental element** of possession consist of?
* Knowledge of possession
* Intention to possess
## Footnote
The accused must be aware that the substance is in their possession and intend to exercise that possession.
92
Is it sufficient for a person to have **special property or interest** in goods without actual ownership?
Yes
## Footnote
A person can be liable if they obtained goods from someone with a special interest in them.
93
How is **control** defined according to the Oxford Dictionary?
The power of directing, command
## Footnote
Control does not require actual possession of the item.
94
True or false: A defendant must be in actual possession of property to exercise **control** over it.
FALSE
## Footnote
The prosecution may prove control through an agent without actual possession.
95
According to Adams on Criminal Law, what may be sufficient for the prosecution regarding control?
Exercising control over the property through an agent
## Footnote
This indicates that actual possession is not necessary for liability.
96
What must be proved regarding the **defendant's control** over dishonestly obtained property?
The defendant must have exercised some control over the particular property
## Footnote
Reference: Adams on Criminal Law, 2001.
97
What does **pecuniary advantage** mean?
Economic or monetary advantage
## Footnote
This term is often used in legal contexts to describe financial benefits.
98
What does **Section 240(1)(b)** of the Crimes Act 1961 address?
Obtaining by deception or causing loss by deception
## Footnote
It specifically pertains to incurring debt or liability to obtain credit.
99
What must occur contemporaneously with the **mens rea** in the context of obtaining credit?
The obtaining
## Footnote
The offence is not complete if a person lawfully obtains a loan and later dishonestly avoids payment.
100
Define **debt** as per the context of Section 240.
'Money owing from one person to another'
## Footnote
This definition is crucial for understanding the legal implications of incurring debt.
101
Define **liability** in the context of Section 240.
'A legally enforceable financial obligation to pay'
## Footnote
An example includes the cost of a meal.
102
What does **credit** refer to in the context of Section 240?
The obligation on the debtor to pay or repay
## Footnote
It includes the time given for repayment by the creditor.
103
What must be proven under **s240(1)(b)** regarding the suspect?
* Identity of the suspect
* By deception and without claim of right
* In incurring any debt or liability
* Obtained credit
## Footnote
These elements are essential for establishing guilt under this section.
104
Under s240(1)/b), what is required for **obtaining credit**?
Causative link between the debt or liability and obtaining credit
## Footnote
Obtaining credit requires a debtor to gain a creditor's agreement to the deferred payment of a debt or obligation.
105
In Fisher v Raven, what does 'credit' refer to?
Obligation on the debtor to pay or repay
## Footnote
Credit does not extend to an obligation to supply services or goods.
106
Credit can involve varying periods of time. True or False?
TRUE
## Footnote
Credit can be obtained over lengthy periods, such as loan agreements, or for a matter of minutes.
107
According to Adams on Criminal Law, who must the credit be obtained by?
The defendant personally
## Footnote
Under the extended definition of 'obtain' in s217 of the Crimes Act 1961, it is sufficient that the defendant obtained the extension of credit to another person.
108
Provide examples of situations where **credit** may be obtained.
* Obtaining money on loan
* Extending existing overdraft facilities
* Renting or leasing a dwelling
## Footnote
These examples illustrate various forms of obtaining credit.
109
Is gaining credit unlawful by itself?
No, unless accompanied by an **intent to deceive**
## Footnote
Intent to deceive is crucial for the act to be considered unlawful.
110
When must the **intention to deceive** exist?
At the time when the deception is perpetrated
## Footnote
A later decision not to repay is insufficient.
111
What does **Adams on Criminal Law** state about representations?
They may be of continuing effect
## Footnote
Entry into a restaurant and ordering a meal usually represents an intention to pay.
112
What happens if a diner decides to avoid payment during the meal?
The continuing representation of an intention to pay becomes false
## Footnote
Any subsequent obtaining of food will come within S.240.
113
In the context of debt, what does **genuine dissatisfaction** with service imply?
* Payment withheld is justified
* No intent to deceive exists
## Footnote
For example, refusing to pay for a meal due to poor quality does not indicate deceit.
114
What is an example of **inability to pay** that does not constitute deceit?
Incurred debt due to unforeseen circumstances
## Footnote
This situation illustrates that genuine inability to pay is not deceitful.
115
What is the **definition** of obtaining by deception according to Section 240 (1) (c) of the **Crimes Act 1961**?
Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right, induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage.
## Footnote
This section outlines the legal framework for deception-related offenses.
116
What does the term **induces** mean as defined by the Oxford Dictionary?
To persuade, bring about or give rise to.
## Footnote
This definition highlights the broad scope of the term in legal contexts.
117
In the context of Section 240, what must be proved regarding the **inducement**?
The inducement should be proved whenever possible by direct evidence from the person alleged to have been defrauded.
## Footnote
This emphasizes the importance of direct evidence in establishing deception.
118
What are the two key aspects that must be proven regarding the victim's belief in a deception?
* That the false representation was believed
* That it was the consequence of that belief that the victim parted with his or her money
## Footnote
These aspects are crucial for establishing the victim's response to the deception.
119
In the context of **inducement**, what happens if the particular false representation is not believed by the person to whom it is made?
The property cannot be said to have been obtained by deception
## Footnote
The act was not induced by a belief in the truth of the representation.
120
What must the defendant be in relation to the delivery, execution, etc., of any document capable of deriving **pecuniary advantage**?
The substantial and operative cause
## Footnote
The defendant must cause the loss.
121
List the activities specifically named within the section that encompass possible fraudulent processes.
* Deliver over
* Execute
* Make
* Accept
* Endorse
* Destroy
* Alter
## Footnote
These terms are not specifically defined in the Crimes Act 1961 and rely on common usage.
122
What does it mean to **deliver over** in the context of fraudulent processes?
To surrender up someone or something
## Footnote
This term is part of the activities that can lead to deriving a pecuniary advantage.
123
What does it mean to **execute** in the context of fraudulent processes?
To put a course of action into effect
## Footnote
This term is part of the activities that can lead to deriving a pecuniary advantage.
124
What does it mean to **endorse** in the context of fraudulent processes?
To write or sign on a document
## Footnote
This term is part of the activities that can lead to deriving a pecuniary advantage.
125
What does it mean to **alter** in the context of fraudulent processes?
To change in character or composition, typically in a comparatively small but significant way
## Footnote
This term is part of the activities that can lead to deriving a pecuniary advantage.
126
What does it mean to **accept** in the context of fraudulent processes?
To receive something
## Footnote
This term is part of the activities that can lead to deriving a pecuniary advantage.
127
What must a **document** be capable of to derive a pecuniary advantage?
Being used to derive a pecuniary advantage
## Footnote
This indicates that the document must have financial value.
128
What is the **section number** of the Crimes Act that addresses obtaining by deception?
Section 240
## Footnote
This section outlines the legal framework for obtaining or causing loss by deception.
129
What does the term **'loss'** refer to in the context of Section 240?
Financial detriment to the victim
## Footnote
'Loss' is not statutorily defined but generally involves property or valuable things.
130
In the case of **Morley v R**, what must the loss alleged by the victim be induced by?
The deception
## Footnote
The deception must play a material part in occasioning the loss.
131
What is required for the prosecution to prove under Section 240 regarding loss?
Actual loss or gain must be shown and specified
## Footnote
This is important for determining the level of punishment.
132
What must the prosecution prove if a person is alleged to have caused a loss by deception?
That the victim has suffered a loss
## Footnote
There is no requirement to prove financial gain by the defendant.
133
Fill in the blank: The loss caused by deception must be in the nature of a _______.
direct loss
## Footnote
Indirect losses are not included under Section 240.
134
What must the prosecution prove regarding the **loss** in a case of deception?
* The loss was caused by a deception
* It was reasonably foreseeable that some more than trivial loss would occur
* The prosecution need not prove the loss was intentionally caused
## Footnote
These elements are derived from the case Rv Morley.
135
What is **propensity evidence** in legal terms?
Evidence of previous or later occasions to the offence charged, admissible in cases of deception with a strong connection between offences
## Footnote
It can indicate the defendant's state of mind (intent) when issuing a cheque, for example.
136
According to **Adams on Criminal Law 34**, how does the Court decide on propensity evidence?
Whether it is propensity evidence or simply regarded as relevant evidence
## Footnote
Persistent dishonesty alone does not invoke the propensity rule; it is more applicable to specific offences with a discernible pattern.
137
What does **s7 of the Evidence Act 2006** state about evidence?
Evidence is relevant if it has a tendency to prove or disprove anything of consequence to the determination of the proceeding
## Footnote
This section outlines the admissibility rules for evidence in legal proceedings.
138
In **R v Sharma**, what is the ultimate issue regarding evidence?
The degree to which the probative value of the evidence outweighs its prejudicial effect
## Footnote
This case highlights the balance between the usefulness of evidence and its potential to cause unfair prejudice.
139
What is the key difference between **theft** and **obtaining by deception**?
Theft involves taking property without the owner's knowledge or consent; obtaining by deception involves gaining possession and/or ownership through deceit
## Footnote
In theft, the offender never has title or ownership, while in deception, the owner may have freely given possession.
140
In the context of theft, what does **ownership** imply?
The owner or person with a special interest in the property has not consented to the transfer of possession
## Footnote
This distinguishes theft from obtaining by deception, where possession is given freely.
141
Fill in the blank: Evidence of propensity will be subject to the admissibility rules under _______.
s7 of the Evidence Act 2006
## Footnote
This section governs the relevance and admissibility of evidence in legal proceedings.
142
What is the **definition of 'title'** according to the Oxford Dictionary?
'A right or claim to the ownership of property'
## Footnote
'Title' is not defined in the Crimes Act 1961.
143
In legal terms, what does **'title'** mean?
A legal right to the property
## Footnote
A person cannot give better title to property than they own.
144
What happens when a seller without ownership attempts to pass **title** to a buyer?
The buyer can receive no greater interest than the seller had
## Footnote
This highlights the principle that ownership cannot be transferred without authority.
145
True or false: A **thief** ever gets title to the goods they steal.
FALSE
## Footnote
A thief takes goods without the owner's consent, hence never obtains title.
146
What is the difference between **theft** and obtaining by deceit?
A thief never gets title; a deceiver does get title
## Footnote
The deceiver induces another to hand over goods with the intention that title will pass.
147
Fill in the blank: A person who induces another to hand over goods by **deception** does get ______.
title
## Footnote
This indicates that ownership can pass through deceitful means.
148
A title obtained by **deception, fraud, duress or misrepresentation** is called a _______.
voidable title
## Footnote
This means that the title can be voided by the seller.
149
Until the title is voided, the **defrauder** has _______ title.
voidable
## Footnote
The defrauder can confer good title on anyone who acquires the goods in good faith and for value.
150
If an innocent purchaser buys goods that were obtained by deception, they are entitled to _______.
good title
## Footnote
This applies when the purchaser acquires the goods in good faith and for value.
151
A thief never gains _______ to the goods they steal.
title
## Footnote
This means that stolen goods cannot be legally owned by the thief.
152
If B sells the car to C before the title is voided, and C buys it innocently, C obtains a _______.
good title
## Footnote
This is under the Contract and Commercial Law Act 2017.
153
If A voids B's title before C's purchase, C would not get the title even if they bought in good faith because _______.
B had no title to pass on to C
## Footnote
This highlights the importance of valid title in transactions.
154
What is necessary to **void title**?
Tribunal, or Small Claims Tribunal
## Footnote
Seeking some judicial determination, either through a civil claim seeking an order of the Disputes.
155
What happens when **B** sells the car to **C** before B's title is voided?
C obtains good title to the car
## Footnote
According to s 151 of the Contract and Commercial Law Act 2017, if C buys in good faith and without notice of B's defect of title.
156
What does s 151 of the **Contract and Commercial Law Act 2017** state?
Buyer acquires good title if bought in good faith and without notice
## Footnote
This applies when the seller has avoidable title but it has not been voided at the time of sale.
157
If A voids B's title before the sale to C, what happens?
C does not get title
## Footnote
B had no title to pass on to C, as no one can pass on a better title than they have.
158
What is the status of a **thief's title** to stolen goods?
A thief never obtains title
## Footnote
This makes it easy to return stolen property to the owner, even without a court order.
159
What should be used in cases of doubt regarding returning stolen property?
Provisions of s40 of the Policing Act 2008 or s199 of the Summary Proceedings Act
## Footnote
These provisions are relevant if a search warrant was used.
160
What does Section 246(4) of the **Crimes Act 1961** state about receiving stolen property?
Subsequent receiving is not an offence if property has been returned to the owner
## Footnote
This applies even if the receiver knows the property was previously stolen.
161
What does **s246(4)** state about legal title obtained by false pretence?
A title obtained by false pretence is still a legal title
## Footnote
This section is an exception to the rule that you cannot get a better title than the seller.
162
What happens if the original purchaser sells goods to an **innocent buyer**?
The title has been made legal
## Footnote
An innocent buyer is one who is not aware of the defect in title.
163
What occurs if the **voidable title** has already been voided by a complainant?
A legal title has not been acquired
## Footnote
The fraudulent offender is left with mere possession only.
164
In a **hire purchase**, when is title obtained?
Title is not obtained until the full amount is paid
## Footnote
Title remains with the complainant/owner until payment is complete.
165
What happens if a deposit is made on a hire purchase using a **stolen cheque**?
Only possession is obtained
## Footnote
The goods may later be received despite the fraudulent means of obtaining possession.
DDC - January 2026
flashcards
Decks in class (14)
# Cards
-
Serious Assault - General Knowledge77
-
Serious Assault Case Law and Liabilities15
-
Robbery Case Law and Liabilities16
-
Robbery - General Knowledge105
-
Search and Surveillance23
-
Surveillance Device Warrants25
-
Kidnapping / Abduction General Knowledge72
-
Deception Case Law And Liabilities10
-
Kidnapping / Abduction Case Law & Liabilities10
-
Deception General Knowledge165
-
Sexual Offences General Knowledge229
-
Sexual Offences Case Law and Liabilities13
-
Drug Dealing Case Law and Liabilities26
-
Evolution of the Offence16
