240 (1)(d) Causing loss by Deception

Question 1

Define Loss

Answer 1

Financial detriment to the victim

Question 2

Loss flowing from the deception should be assessed by….

Answer 2

The extent to which the complainants position before the deception had been diminished or impaired

Question 3

Whats to be proved - loss to any other person

R V MORLEY

Answer 3

• The loss was caused by deception
• it was reasonably foreseeable some trivial loss would occur BUT
• Need not prove the loss was intentionally caused.
• There must be a loss to any person but no requirement that there would be any benefit to anyone.

Question 4

Elements of Causing loss by deception

240(1)(d) CA 1961

Answer 4

By any deception
Without claim of right
Causes loss to any person

Question 5

To any other person means

Answer 5

Its a wide definition of the term person that incorporates not only real people but companies/organisations