Podcast
Questions and Answers
Which of the following best describes the relationship between deception and theft, based on the provided information?
Which of the following best describes the relationship between deception and theft, based on the provided information?
- Theft and deception are mutually exclusive offenses.
- Deception is an element that can be present in theft. (correct)
- Theft always involves deception as a primary element.
- Deception is a more serious offense than theft.
In the context of 'Obtain Property by Deception,' what does 'deliberate or reckless' refer to?
In the context of 'Obtain Property by Deception,' what does 'deliberate or reckless' refer to?
- The victim's state of mind when being deceived.
- The degree of force used to obtain the property.
- The accused's disregard for the truthfulness of their actions or statements. (correct)
- The financial value of the property obtained.
What is the significance of establishing 'intention to permanently deprive' in proving theft?
What is the significance of establishing 'intention to permanently deprive' in proving theft?
- It distinguishes theft from other similar acts like borrowing or temporary use. (correct)
- It demonstrates the accused's awareness of the property's value.
- It proves the accused had a motive for committing the act.
- It ensures the victim receives compensation for their loss.
A person removes a price tag from an item in a store and replaces it with a tag showing a lower price, then purchases the item at the lower price. According to the information provided, this would most likely be classified as:
A person removes a price tag from an item in a store and replaces it with a tag showing a lower price, then purchases the item at the lower price. According to the information provided, this would most likely be classified as:
In the context of defenses against a charge of theft, what does 'a belief of right to deprive the other of it' mean?
In the context of defenses against a charge of theft, what does 'a belief of right to deprive the other of it' mean?
If a person orders food at a restaurant, consumes it, and then leaves without paying, when would this be considered 'Obtaining Financial Advantage by Deception'?
If a person orders food at a restaurant, consumes it, and then leaves without paying, when would this be considered 'Obtaining Financial Advantage by Deception'?
What is the significance of the acronyms provided such as I.D.A.P.B.I, I.B.D.O.P.B.I and I.B.D.O.F.F?
What is the significance of the acronyms provided such as I.D.A.P.B.I, I.B.D.O.P.B.I and I.B.D.O.F.F?
What is the implication of the statement 'Depends on at which stage the offender decides to deceive, the offence would be different' in the context of obtaining food and leaving without paying?
What is the implication of the statement 'Depends on at which stage the offender decides to deceive, the offence would be different' in the context of obtaining food and leaving without paying?
What does IOTS = Under $100k refer to?
What does IOTS = Under $100k refer to?
A person knowingly provides a false cheque to a creditor to postpone repaying a debt, what type of financial advantage are they trying to obtain?
A person knowingly provides a false cheque to a creditor to postpone repaying a debt, what type of financial advantage are they trying to obtain?
Flashcards
Deception Meaning
Deception Meaning
Obtaining something through trickery or deceit.
Theft Definition
Theft Definition
Dishonestly appropriating property with the intent to permanently deprive.
Elements to Prove Theft
Elements to Prove Theft
Identity, Dishonestly, Appropriates, Property, Belonging to another, Intention to permanently deprive.
Defenses Against Theft
Defenses Against Theft
Signup and view all the flashcards
Obtain Property by Deception
Obtain Property by Deception
Signup and view all the flashcards
Elements to Prove Obtaining Property by Deception
Elements to Prove Obtaining Property by Deception
Signup and view all the flashcards
Proving Deception Beyond a Reasonable Doubt
Proving Deception Beyond a Reasonable Doubt
Signup and view all the flashcards
Obtain Financial Advantage by Deception
Obtain Financial Advantage by Deception
Signup and view all the flashcards
Types of Financial Advantage by Deception
Types of Financial Advantage by Deception
Signup and view all the flashcards
Elements to Prove Financial Advantage by Deception
Elements to Prove Financial Advantage by Deception
Signup and view all the flashcards
Study Notes
- Deception is obtaining something through a trick.
Theft
- Theft involves dishonestly appropriating property belonging to another with the intention of permanently depriving them of it.
- Points of proof for theft: Identity, Dishonesty, Appropriation, Property, Belonging to another, Intention to permanently deprive (I.D.A.P.B.I).
- Defences against theft: Belief of right to deprive, belief of consent, inability to locate the owner.
- Section 459 of the Crimes Act 1958 pertains to the power of arrest for theft.
- Jurisdiction for theft: IOTS (Immediate Offence Traffic Scheme) applies if the amount stolen is under $100k.
Obtain Property by Deception
- Deception (deliberate or reckless) can involve words or actions about facts or laws, including lying about intentions.
- It also includes purposefully acting or not acting to deceive.
- Deception can involve a computer system or a machine that works when paid or identified.
- Points of proof for obtaining property by deception: Identity, By deception, Dishonestly, Obtaining, Property, Belonging to another, Intention to permanently deprive (I.B.D.O.P.B.I).
- To prove obtaining property by deception, it must be proven beyond a reasonable doubt that:
- The accused made a representation by words or conduct.
- The statement was false, or the accused didn't care whether it was true or not.
- The accused intended to get the property by making the false statement.
- The victim believed the false statement and was deceived.
- The accused obtained the property because of the deception.
- Section 459 of the Crimes Act 1958 provides power of arrest.
- Jurisdiction applies if IOTS is under $100k.
Obtain Financial Advantage by Deception
- This involves deceptive conduct that leads to financial advantage for oneself or another person (who may not be aware).
- The advantage can be financial credit or services.
- Points of proof for obtaining financial advantage by deception: Identity, By deception, Dishonestly, Obtaining, For himself or another, Financial advantage (I.B.D.O.F.F).
- Types of financial advantage:
- Reducing a fee (e.g., altering clothing tags to get a cheaper price).
- Evading a fee (e.g., dine and dash).
- Deferring a fee (e.g., giving a false check to delay debt payment).
- Section 459 of the Crimes Act 1958 pertains to power of arrest.
- Jurisdiction applies if IOTS is under $100k.
- An example is ordering food, receiving it, and leaving without paying.
- The specific offense depends on when the offender decides to deceive.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
