DECEPTION - Legislation

Question 1

TAKING/OBTAINING A DOCUMENT (a)

Answer 1

TAKING/OBTAINING A DOCUMENT s228(a) Crimes Act 1961 - PENALTY 7 years

• With intent

R v MOHAN

R v WAAKA

R V MORLEY

• to obtain
• any Property OR Service OR Pecuniary Advantage OR Valuable Consideration

R v HAYES x 2

• Dishonestly
• And without claim of right
• Takes OR Obtains
• a document

R V MISIC

Question 2

USES/ATTEMPTS TO USE A DOCUMENT (b)

Answer 2

USES/ATTEMPTS TO USE A DOCUMENT s228(b) Crimes Act 1961 - PENALTY 7 years

• With intent

R v MOHAN

R v WAAKA

R V MORLEY

• To obtain
• Any Property OR Service OR Pecuniary Advantage OR Valuable Consideration

R v HAYES x 2

• Dishonestly
• And without claim of right
• Uses OR Attempts to use
• Any document

R V MISIC

Question 3

TAKING/OBTAINING/USED/DEALT WITH (a)

Answer 3

TAKING/OBTAINING/USED/DEALT WITH

s228(2)(a) - 3 Years

Without reasonable Excuse

• Sells, transfers or otherwise makes available

Knowing that the document was -

• Dishonestly and without claim of right

Taken, obtained or used

Question 4

TAKING/OBTAINING/USED/DEALT WITH (b)

Answer 4

DECEPTION - s228(2)(b) - 3 Years

Without reasonable Excuse

• Sells, transfers or otherwise makes available

Knowing that the document was -

• Dealt with in a manner specified in paragraph 1

With intent to

• Obtain any property, pecuniary advanatge, serice or valuable consideration.

Question 5

s228A Crimes Act 1961

Answer 5

s228A Crimes Act 1961 - 3 Years

Designing, manufacturing, or adapting goods with intent to facilitate commission of crimes involving dishonesty

Every person is liable to imprisonment for a term not exceeding 3 years who

• Designs, manufactures, or adapts goods
• With intent to facilitate
• The commission of a crime involving dishonesty.

Question 6

s228B Crimes Act 1961

Answer 6

s228B Crimes Act 1961 - 3 Years

Possessing, selling, or disposing of goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty

Every person is liable to imprisonment for a term not exceeding 3 years who,

• Without lawful authority or excuse,
• Possesses, sells, or disposes of any goods
• Designed, manufactured, or adapted
• To facilitate the commission of a crime involving
• Dishonesty,
• With intent to use, or to enable another person to use, the goods,
• To facilitate the commission of a crime involving dishonesty.

Question 7

s228C Crimes Act 1961

Answer 7

s228C Crimes Act 1961 - 3 Years

Possessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences

Every person is liable to imprisonment for a term not exceeding 3 years who,

• Without lawful authority or excuse,
• Possesses
• Any goods capable of being used
• To facilitate the commission of a crime involving dishonesty
• (other than those specified used to facilitate the commission of that offence).

Question 8

DECEPTION - (1)(a)

Answer 8

DECEPTION - s240(1)(a) C.A.61 - PENALTY 7 years, 1 year, 3 mth

• By any deception

R V MORLEY

• And without claim of right
• Obtains ownership OR possession of OR control over

WARNER v MET POL COMMISSIONER

SULLIVAN V EARL OF CAITHNESS

• Any Property OR Any Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable Consideration

R V HAYES x 2

Question 9

DECEPTION - (1)(b)

Answer 9

DECEPTION - s240(1)(b) C.A.61 - PENALTY 7 years, 1 year, 3 mth

• By any deception

R V MORLEY

• And without claim of right
• In incurring any debt OR Liability
• Obtains Credit

FISHER V RAVEN

R V MCKAY

Question 10

DECEPTION - (1)(c)

Answer 10

DECEPTION - s240(1)(c) C.A.61 - PENALTY 7 years, 1 year, 3 mth

• By any deception

R V MORLEY

• And without claim of right
• Induces OR causes any other person to
• Deliver over OR execute OR make OR accept OR endorse OR destroy OR alter
• Any document or thing
• Capable of being used to
• Derive a pecuniary advantage

Question 11

DECEPTION - (1)(d)

Answer 11

DECEPTION - s240(1)(d) C.A.61 - PENALTY 7 years, 1 year, 3 mth

• By any deception

R V MORLEY

• And without claim of right
• Causes Loss to any person

R V MORLEY

Question 12

OBTAINING BY DECEPTION - (1A)

Answer 12

OBTAINING BY DECEPTION - 240(1A) CA 61 - 3YRS

Without reasonable excuse

Sells, transfers, or otherwise makes available

Any document or thing capable of being used to

Derive a pecuniary advantage

Knowing that, by deception

And without claim of right

The document or thing was caused to be

Delivered, executed, made, endorsed or altered