Knowledge Test

Question 1

What is the Definition of Deception?

Answer 1

Section 240(2)
(a) False representation (oral, documentary or conduct) with intent to deceive any person and:
- Knows it is false or
- Is reckless as to whether it is false or
(b) An omission to disclose material particular, with intent to deceive, when it is their duty to do so or
(c) A fraudulent device, trick or stratagem
and the person is deceived

R v Morley
Intent to deceive must have been practiced. Intent is necessary and exists at the time of deception.

Question 2

What is required to be proved for Deception?

Answer 2

• There was an intent to deceive
• There was a representation by the Defendant
• The representation was false and the Defendant knew it to be false OR was reckless it was false in a material particular

Question 3

What is the difference between theft and deception?

Answer 3

With Theft, the property is obtained without the owners permission and the title (ownership) is not passed on.

With deception, the Victim is tricked into handing over the goods along with the title.

Question 4

What do you need to prove for Forgery Section 256(1)?

Answer 4

• Makes a false document
• With intent to obtain any BPPPSVC

Question 5

What do you need to prove for Forgery Section 256(2)?

Answer 5

• Makes a false document
• Knowing it to be false
• With intent that it in any way be used or acted upon

Essentially a false document must lie about itself

Question 6

What might a person do to alter a document?

Answer 6

Additions, Insertions, Deletions, Remove Material, Obliterations, Erasures

Question 7

When is an alteration, a material alteration?

Answer 7

When it increases the value or negotiability of a document or instrument.

Question 8

When can goods be said to have been “obtained” by the Defendant?

Answer 8

Goods are obtained when a person obtains or retains for himself, herself or any other person.

Question 9

What are the three ways to make a false representation, or a combination of the three ways?

Answer 9

• Orally
• Written
• By Conduct

Question 10

How can you avoid title?

Answer 10

Contact the Defendant, Report to Police, Post on social media.

Question 11

When is Forgery complete?

Answer 11

As soon as the document is made with the intents outlined in 256(1) and (2).

Question 12

Define “Access” under S248.

Answer 12

Access to any computer system means instruct, communicate, store or receive data.

Question 13

For a charge of accessing a PC for dishonest purpose under 249(2), what “INTENTS” must be proved?

Answer 13

The suspect obtained any BPPPSVC OR caused loss to any other person.

Question 14

Explain the difference between Section 249(1) and (2).

Answer 14

249(1) - Accesses the PC, obtains the offending material or causes loss.

249(2) - Accesses the PC with the intent to obtain the offending material or cause loss regardless of the outcome.

Question 15

Hayes v R (Pecuniary Advantage)

Answer 15

Anything that enhances the Defendants financial position.

Question 16

Hayes v R (Dishonestly)

Answer 16

The question is whether a belief was held, not whether it was reasonable.

Question 17

R v Cara

Answer 17

Service - Limited to financial or economic value. Does not include privileges or benefits.

Question 18

R v Misic

Answer 18

Document - Anything which provides evidence, information or serves as a record.

Question 19

Hayes v R (Uses or Attempts to Use)

Answer 19

An unsuccessful attempt is as much is as a successful one.

Question 20

R v Morley (Deception)

Answer 20

Intent to deceive must have been practiced. Intent is necessary and exists at the time of deception.

Question 21

R v Morley (Representation)

Answer 21

Must relate to statement of existing fact, not future intent.

Question 22

Explain “Silence” and provide an example.

Answer 22

Silence is not regarded as a false representation unless an incorrect understanding is implied and they fail to correct it.

Label Swapping

Question 23

How can knowledge be established (Representation)?

Answer 23

• Admissions
• Surrounding Circumstances
• Propensity Evidence

Question 24

What is Material Particular?

Answer 24

Something important or something that matters.

Question 25

Explain special interest Lien.

Answer 25

A right over another’s property to protect a debt charged over the property. Example: Mechanic retaining possession until the debt is paid to ensure it s paid. If the person makes out like they have paid when they haven't, they have obtained by deception.

Question 26

When do you **NOT** have to pay back a debt or liability?

Answer 26

If the contract is not legally enforceable.

Question 27

Fisher v Raven

Answer 27

Credit - Obligation on the debtor to pay and time given to do so.

Question 28

R v McKay

Answer 28

Timing of Intent to Deceive - Appeal was held that credit was obtained on booking but at the time, the Defendant did not intend to deceive.

Question 29

**Definition** Delayed or Non-Payment of Debt

Answer 29

Incurring debt or liability and then being unable to pay through unforeseen circumstances, loss of money or oversight is not deceit.

Question 30

**Question** How do you prove inducement?

Answer 30

Direct evidence from the person defrauded proving that: - The false representation was believed and - Because of that belief, they parted with the goods. In the absence of direct evidence, inference can be drawn from the circumstances.

Question 31

R v Laverty

Answer 31

Inducement - It is necessary to prove the person parting with the property was induced to do so by the false representation.

Question 32

What is the definition of title?

Answer 32

A right or claim to the ownership of property.