Causes Loss By Deception

Question 1

Causes Loss By Deception
- s240 (1)(d) C.A. 1961
- 7yr (Over $1000)

Answer 1

• By deception & without claim of right

• Causes loss to any other person

Question 2

Deception means?

Answer 2

(a) a false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or

Question 3

Intention to deceive - MORLEY

Answer 3

• An intention to deceive requires the deception is practiced in order to deceive the affected party
• Purposeful intent is necessary and must exist at the time of the deception.

Question 4

Representations - MORLEY

Answer 4

Representations must relate to a statement of existing fact, rather than a statement of future intention.

Question 5

Claim of Right - s2 CA61

Answer 5

A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.

Question 6

Causes Loss - MORLEY

Answer 6

Loss should be assessed by the extent to which, the complainant’s position before the deception, had been diminished or impaired.

Question 7

Loss

Answer 7

• Not defined by statute

• In most cases will involve financial detriment to the victim

• Must be a direct loss.

Question 8

To any other person

Answer 8

Gender neutral - Proven by judicial notice or circumstantial evidence.

Question 9

Person includes

Answer 9

• The Crown & any public body or local authority

• Any board, company or society

• Any other body of persons, whether incorporated or not and the inhabitants of any local authority.