Obtaining by deception (Section 240(1)(a) Crimes Act 1961)

Are you sure that Mr Smith obtained, directly or indirectly, ownership or possession of, or control over Mr Jones’ credit card? [or privilege] [or service] [or pecuniary advantage] [or benefit] [or valuable consideration]?

[Note: Amend or delete the words in square brackets above as required.]

To have possession of the credit card, Mr Smith must:

(a) Have been aware of where the credit card was;

(b) Have been aware that the item was a credit card;

(c) Have had control over the credit card either through personal or shared custody or by having the ability to direct another who had personal custody; and

(d) Have intended to exercise personal or shared control over the credit card.

“Pecuniary advantage” means anything that improves Mr Smith’s financial position.

“Property” includes land and personal property, and any right or interest in any land or personal property, money, electricity, and any debt, and any right to a claim in court, and any other right or interest.

“Service” means an activity that has financial or economic value.

“Valuable consideration” means anything involving an exchange of value, whether of a monetary kind or of any other kind. In other words, money or money’s worth.

If no, find Mr Smith not guilty.

If yes, go to question two.

Are you sure that Mr Smith made a materially false representation to Ms Jones when he obtained possession of or control over her credit card [or privilege] [or service] [or pecuniary advantage] [or benefit] [or valuable consideration]?

“Material” means relevant to Ms Jones’ decision to give Mr Smith her credit card.

If no, find Mr Smith not guilty.

If yes, go to question three.

3.

Are you sure Mr Smith knew the representation was false or was reckless as to whether it was false?

“Reckless” means that Mr Smith recognised there was a real possibility that the representation was false and that, having regard to that possibility, Mr Smith’s actions in making the representation were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken.

If no, find Mr Smith not guilty.

If yes, go to question four.

Are you sure that, when Mr Smith made the false representation to Ms Jones, he intended to deceive Ms Jones?

If no, find Mr Smith not guilty.

If yes, go to question five.

Are you sure that the false representation induced Ms Jones to give her credit card to Mr Smith?

“Induced” means that the false representation persuaded or motivated Ms Jones to give her credit card to Mr Smith.

If no, find Mr Smith not guilty.

If yes, go to question six.

Are you sure that Mr Smith obtained the credit card from Ms Jones without claim of right?

“Claim of right” means Mr Smith had a genuine belief that, at the time of obtaining the credit card, he had a lawful right to the credit card.

If no, find Mr Smith not guilty.

If yes, find Mr Smith guilty.