240(1) Flashcards
Elements - Obtains by deception
240(1)(a)
By any deception
Without claim of right
Obtains ownership/possession/control over
Any property, privilege, service, pecuniary advantage, benefit or valuable consideration
Directly or indirectly
Deception
(2)(a) - a false representation, whether oral, documentary or by conduct with intent to deceive any person,
i) knowing it to be false in a material particular, or
ii) by being reckless as to whether it is false in a material particular, or
(b) by an omission to disclose a material particular with intent to deceive any person where there is a duty to disclose it, or
(c) by using a fraudulent device, trick or stratagem with intent to deceive any person.
R v Morley
An intention to deceive must be practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
Cameron v R
Recklessness is established if the defendant recognised there was a real possibility that his actions would bring about the proscribed result and that the proscribed circumstances existed and having regard to that risk those actions were unreasonable.
R v Morley
Representation must relate to a statement of existing fact rather than a future intention.
Without claim of right
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.
Obtains
To obtain or retain for himself or any other person
Ownership
To have the title or legal right of ownership to the property.
Possession
R v Cox
Must have actual or potential physical custody or control and must know and intend to possess it.
Control
To exercise authoritative or dominating influence or command over something.
Property
Includes any real or personal property or any estate and interest in that real or personal property, money, electricity, debt, anything in action and any right or interest.
Service
R v Cara
Service is limited to financial and economic value. It excludes privileges and benefits.
Pecuniary advantage
Hayes v R
A pecuniary advantage is anything that enhances the accused’s financial position. It is this enhancement which constitutes the element of advantage.
Privilege and benefit.
A special right or advantage.
Valuable consideration
Hayes v R
Anything that can be considered a valuable consideration, money or moneys worth.
Directly or indirectly
Obtained by themselves or any other person.
R v Morley (1)
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
R v Morley (2)
Representation must relate to a statement of an existing fact rather than a future intention.
Cameron v R
Recklessness is established if the defendant recognised there was a real possibility that his actions would bring about the proscribed result and that the proscribed circumstances existed and having regard to that risk those actions were unreasonable.
Debt or liability
Debt refers to the money owed from one person to another.
Liability refers to the legally enforceable financial obligation to pay.
Credit
Fisher v Raven
Credit refers to the obligation on the debtor to pay and the time given for them to do so by the creditor.
Elements - 240(1)(c)
By any deception
Without claim of right
Induces or causes any person to
Deliver over
Execute
Make
Accept
Endorse
Destroy
Alter
Any document or thing
Capable of being used to derive a pecuniary advantage
Induce
To persuade, bring about or give rise to.
R v Laverty
It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made.
Cause
The defendant or an act of the defendant must be the substantial and operative cause of the delivery, execute etc of any document capable of being used to derive a pecuniary advantage.
The decent must cause the loss.
Deliver over
Is to surrender up someone or something
Execute
To put course of action into effect
Endorse
To write or sign on a document
Alter
To change in character or composition, typically in a small but significant way.
Accept
To receive something.
Make
To form something
Destroy
End the existence of something.
Elements - Cause loss by deception
By any deception
Without claim of right
Causes loss
To any person
Cause
The defendant or an act of the defendant must be the substantial and operative cause of delivery, execution etc of a document capable of deriving a pecuniary advantage.
Loss
Financial detriment.
R v Morley
The loss must be caused by the deception. The deception need not be the only factor so long as it played a material part.
