Fraud Offences

Question 1

Service

Answer 1

Service is limited to financial or economic value, and excludes privileges or benefits.

Question 2

Deception: What is required to be proved?

Answer 2

• There must be a intent to deceive
• that there is a representation by the defendant
• that the representation was false and the defendant either knew it to be false or was reckless whether it is false.

Question 3

Device

Answer 3

Plan, scheme, trick.

Question 4

Trick

Answer 4

An action or scheme undertaken to fool, outwit, or deceive.

Question 5

Stratagem

Answer 5

A cunning plan or scheme especially for deceiving an enemy, or trickery.

Question 6

Special Interest

Answer 6

It is sufficient if the person from whom the goods were obtained had some special property or interest in the goods without having actual ownership.

Special Interest Lien:
A lien is a right over another’s property to protect a debt charged on that property.

Question 7

Control

Answer 7

Exercise authority, dominance, command over it.

Question 8

Pecuniary Advantage - Examples

Answer 8

• Cash from stolen goods
• Clothing or cash from Credit / EFPOS cards
• A discount (Student ID)
• Avoiding or deferring payment of debt

Question 9

Valuable Consideration - Examples

Answer 9

• Monetary payment in return for goods or services
• Goods given in return for services provided
• Issuing false invoice to receive payment for goods never supplied.

Question 10

Credit - 3rd Person

Answer 10

It will be sufficient that the defendant obtained the extension of credit to another person.

Question 11

Continuing Representation

Answer 11

During the course of a meal, a diner decides to avoid payment, any subsequent obtaining of the food will come under section 240.

Question 12

Causing loss by Deception - What needs to be proved?

Answer 12

Prosecution must prove:

• The loss was caused by the deception
• It was reasonable foreseeable some more than trivial loss would occur, but
• Need not prove the loss was intentionally caused.

There must be a loss, no benefit to anyone required.

Question 13

Penalty for Deception Offences

Answer 13

Section 241 Crimes Act 1961

Everyone who is guilty of obtaining by deception or causing loss by deception is liable as follows:

(a) if the loss or the value of what is obtained or sought to be obtained exceeds $1000, to imprisonment for a term not exceeding 7 years:
(b) if the loss or the value of what is obtained or sought to be obtained exceeds $500, to imprisonment for a term not exceeding 1 year:
(c) if the loss or the value of what is obtained or sought to be obtained does not exceed $500, to imprisonment for a term not exceeding 3 months.