Altering Documents Flashcards
Obtaining by Deception or Causing Loss by Deception - Section 240 (1) (c) *
Obtaining by Deception or Causing Loss by Deception Section 240 (1) (c) - Crimes Act 1961
by any deception
and without claim of right
induces OR causes
any other person
to deliver over, execute, make, accept, endorse, destroy or alter
any document OR thing
capable of being used to derive a pecuniary advantage
Define induces
Oxford Dictionary - “To persuade, bring about or give rise to”.
HOW TO PROVE INDUCEMENT FROM A VICTIM WHO HAS BEEN DEFRAUDED?
The victim of the deception is usually questioned to elicit answers proving:
- that the false representation was believed, and
- that it was the consequence of that belief that the victim parted with his or her money
INDUCEMENT CASE LAW
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.
What meanings can be attributed to the folllowing terms: deliver over, execute, endorse, alter and accept?
- deliver over - surrender up someone or something
- execute - put a course of action into effect
- endorse - write or sign on a document
- alter - change in character or composition
- accept - receive something