Fraud

Question 1

What is a fraud?

Answer 1

Is the deliberate deception, trickery or cheating, intended to gain an advantage

Question 2

What is behind all criminal fraud offences?

Answer 2

DECEPTION - deception on the victim

DISHONESTY - what the person did

Question 3

What is Larceny as a clerk or servent?

Answer 3

Section 156 Crimes Act – Larceny as a clerk or servant (After the till)

• Accused is a clerk or servant
• Property was owned or in possession of master/employer
• The accused stole the property from the master/employer

Question 4

What is Embezzlement?

Answer 4

S157 Crimes Act - Before the Till

• Received the property
• before coming into the possession of the master/employer
• Stole the property

Question 5

What does indentification information mean? 192I

Answer 5

• a name or address,
• a date or place of birth, marital status,relative’s identity or similar information,
• a driver licence or driver licence number,
• a passport or passport number,
• biometric data,
• a voice print,
• a credit or debit card, its number or data stored or encrypted on it,
• a financial account number, user name or password,
• a digital signature,
• a series of numbers or letters (or both) intended for use as a means of personal identification,
• an ABN.

Question 6

What are the elements of Fraud 192E?

Answer 6

Section 192E – Fraud

A person by any deception, dishonestly

• Obtains property belonging to another or
• Obtains a financial advantage, or causes a financial disadvantage

10 years

Question 7

What are the elements of 192K Possession of identification information?

Answer 7

• A person who possesses identification information,
• With the INTENTION of committing or of facilitating
• The commission of an indictable offence

Proved through admissions, dealing act – Need to prove the intent

Question 8

What is the difference between larceny as a clerk/servant and Emebzzlement?

Answer 8

Stealing After the till (possession of master) vs before the till.

Question 9

What are some examples of Identification information?

Answer 9

Identification information Examples

• A name or address
• Drivers licence or licence number
• Passport or passport number
• Financial account number, user name or password
• Credit or debit card
• An ABN

Question 10

What are the proofs for:
Section 253 – Forgery – making false document
Section 254 – Using false document
Section 255 – Possession of false document

Answer 10

A person who makes, uses or possesses a false document with the intention that the person or another will use it
- To induce some person to accept it as genuine, and
- Because of its being accepted as genuine
o To obtain any property belonging to another, or
o To obtain a financial advantage, or cause financial disadvantage, or
o To influence the exercise of a public duty

Question 11

What are the elements of 192K Possessions of Identification information?

Answer 11

Secton 192K – Possession of Identification Information

• A person who possesses identification information
• With the INTENTION of committing or of facilitating
• The commission of an indictable offence

Proved through admissions, dealing act – Need to prove the intent