240 (1)(a) Obtaining by Deception or cause loss by deception (ownership)

Question 1

Obtains Ownership,

Answer 1

Goods come under control, dont have to physically have them

eg agreement to send a fraudulent cheque - obtaining complete at time of sending

Question 2

Distinction between theft and obtains by deception

Answer 2

The difference lies with the concepts of possession and title or ownership.

In theft the property is obtained without the owners permission and title is NOT passed on

Question 3

Possession

Answer 3

One person often holds possession and ownership at the same time. However you can possess something without having title eg driving someones car

Question 4

Possession - R V Cox

Answer 4

Possession involves two elements physical and mental. Physical - Custody and control,

Mental - knowledge that the person possesses the item in question and intention to possess the item

Question 5

Control Over

Answer 5

Power of directing or commanding. do not need to possess

Eg storing at a mates place

Question 6

Elements of Obtains by deception or cause loss by deception (ownership)

Answer 6

Section 240 (1) (a) CA 1961

By any deception
Without claim of right
Obtains ownership OR possession OR control over

Any property 
OR any privilege 
OR service 
OR pecuniary advantage 
OR benefit 
OR valuable consideration 

Directly or indirectly