240 (1)(b) Obtaining by Deception (Service)

Question 1

Elements of Obtains credit by deception (service)

S240 (1)(b)

Answer 1

Section 240 (1)(b) CA 1961

By any deception
Without claim of right

in incurring any debt OR liability

Obtains credit

Question 2

Without Claim of right

Answer 2

No belief of possessory or proprietary right to the property

Question 3

Debt

Answer 3

Money owing from one person to another

Debt or liability must be legally enforceable. If contract is void or illegal, there is no offence

Question 4

Liability

Answer 4

Legally enforceable financial obligation

Debt or liability must be legally enforceable. If contract is void or illegal, there is no offence

Question 5

Credit = Fisher & Raven

Answer 5

Intangible, must relate to monetary obligation

Refers to an obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.

Question 6

What must you prove with S240 (1)(b)??

Answer 6

Prove the identity of the suspect and that they:
1- By deception and without claim of right
2- in incurring any debt or liability
3- obtained credit

Question 7

Timing of intention to deceive

Answer 7

The intention to deceive is essential and must exist at the time when the deception is perpetrated. So when the credit is obtained, a later decision not to repay is sufficient

Question 8

Intangible thing

Answer 8

To enter a restaurant, sit at a table and order a meal without any intention of paying for it later is obtaining by deception

Question 9

Payment withheld

Answer 9

Intent to deceive does not exist where payment is withheld because of genuine dissatisfaction with the service

Question 10

Hire purchase

Answer 10

Where goods are obtained on hire purchase by a false representation, the offence committed is deception.