CA61 s240(1)(c) Obtaining / Causing loss by deception Flashcards
240(1)(c)
Obtaining / Causing Loss by Deception
By any deception
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
Induces means
To persuade,
bring about
or give rise to.
Proof of inducement
Direct evidence from the person deceived:
(1) That the false representation was believed
(2) That this belief caused the victim to part with their money.
In the absence of direct evidence:
A reasonable inference from the circumstances that the owner was induced by the representation to part with their money
What case law relates to inducement?
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.
If the target of deception either:
(1) does not believe the false representation or
(2) they are not induced by it to part with their money
has the offence of obtaining by deception been carried out?
No. The victim needs to believe the falsity and be induced by it.
However, an ATTEMPT may be disclosed.
What must cause the loss?
The accused must be the substantial cause of the loss
What are the 7 possible things the person is induced to do?
(1) Deliver over
(2) Execute
(3) Endorse
(4) Alter
(5) Accept
(6) Destroy
(7) Make
‘Deliver over’ means
To surrender up
‘Execute’ means
To put a ‘course of action’ into effect
‘Endorse’ means
To write or sign on
‘Alter’ means
To change in character or composition
‘Accept’ means
To receive something
‘Thing’ means (and must be)
(1) Must be tangible
(2) Is used to derive a pecuniary advantage
