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Flashcards in Deception Deck (34)
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1

Obtain - def

Section 217, Crimes Act 1961

Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person

2

Property - def

Section 2, Crimes Act 1961

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

3

Valuable consideration

A pecuniary advantage can amount to a favourable consideration when it involves a monetary advantage; however, the scope of a valuable consideration is wider than a pecuniary advantage.

For example:
• monetary payment in return for goods or services
• goods given in return for services provided
• issuing a false invoice to receive payment for goods never supplied.

4

Dishonestly - def

Section 217, Crimes Act 1961

Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

5

Claim of Right

Section 2, Crimes Act 1961

claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

6

Taking (theft) - def

Section 219(4), Crimes Act 1961

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

7

Document - def

Section 217 of the Crimes Act 1961.

Document means a document, or part of a document, in any form; and includes, without limitation,—
(a) any paper or other material used for writing or printing that is marked with matter capable of being read; or
(b) any photograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative; or
(c) any disc, tape, wire, sound track, card, or other material or device in or on which information, sounds, or other data are recorded, stored (whether temporarily or permanently), or embodied so as to be capable, with or without the aid of some other equipment, of being reproduced; or
(d) any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information; or
(e) any material derived, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information

8

Deception - def

Section 240(2)

In this section, deception means-
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or

(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or

(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

9

Deception - required to prove

• that there was an intent to deceive
• that there was a representation by the defendant
• that the representation was false; and that the defendant either:
knew it to be false in a material particular OR
was reckless whether it was false in a material particular.

10

Knowledge - established by...

• an admission
• implication from the circumstances surrounding the event
• propensity evidence

11

Subjective/Objective test

It must be proved not only that the defendant was aware of the risk and proceeded regardless (a subjective test), but also that it was unreasonable for him to do so (an objective test).
• A subjective test is the internal reasons a person acts as he or she does.
• An objective test is the test of a reasonable person.

12

Device

A ‘plan, scheme or trick’.

13

Trick

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

14

Stratagem

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

15

Constructive possession

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

16

Control

To “control” something means to exercise authoritative or dominating influence or command over it.

17

Pecuniary advantage

This basically means ‘economic or monetary advantage’

Examples
• Cash from stolen goods.
• Clothing or cash obtained by a credit or EFTPOS card.
• A discount (by using a student ID card).
• Avoiding or deferring payment of a debt.

18

Debt

means money owing from one person to another

19

Liability

Means a legally enforceable financial obligation to pay, such as the cost of a meal.

20

Obtaining Credit by Deception
- what must be proved

Thus, under s240(1)(b) you must prove the identity of the suspect and that they:
• by deception and without claim of right
• in incurring any debt or liability
• obtained credit.

21

Examples of situations where ‘credit’ may be obtained include:

• obtaining money on loan
• extending existing overdraft facilities
• renting or leasing a dwelling.

22

Induce - def

“To persuade, bring about or give rise to”
- Concise Oxford Dictionary

23

Proof of the inducement

In practice the victim of the deception is usually questioned to elicit answers proving:
• that the false representation was believed, and
• that it was the consequence of that belief that the victim parted with his or her money.

24

to deliver over

is to surrender up someone or something

25

to execute

is to put a course of action into effect

26

to endorse

is to write or sign on a document

27

to alter

is to change in character or composition, typically in a comparatively small but significant way

28

to accept

is to receive something

29

Causing loss by deception
- what must be proved

• must prove that the loss was caused by a deception
• must prove that it was reasonably foreseeable some more than trivial loss would occur, but
• need not prove the loss was intentionally caused.

30

Punishment of obtaining by deception or causing loss by deception

Sec 241
a- exceeds $1000 = 7 years
b- $500-$1000 = 1 year
c- not exceed $500 = 3 months