Causes Loss by Deception S240(1)(d)

Question 1

Causes Loss by Deception

Act, Section, Penalty

Answer 1

Crimes Act 1961
S240(1)(d)

Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

Question 2

Causes Loss by Deception

List Elements

Answer 2

1) By deception

2) without claim of right

3) Cause loss to any other person

Question 3

Deception

Element 1, card 1/2. S240(1)(d)

Answer 3

CA1961 Section 240(2)

(a) A false representation, whether oral, documentary, or by conduct, made with intent to deceive, and knows, or is reckless if false in a material particular, or

(b) An omission to disclose a material particular, with intent to deceive, where there is a duty to disclose it,

(c) or a fraudulent device, trick, or stratagem used with intent to deceive.

Question 4

Intention to deceive
R v Morley

Element 1, card 2/2. S240(1)(d)

Answer 4

R v Morley –

Intention to deceive requires purposeful intent at the time the deception is practiced.

Question 5

Without claim of right defined

Element 2, card 1/1. S240(1)(d)

Answer 5

Without claim of right (s2 CA 1961)

No belief there was possessory or proprietary right to the property.

Question 6

Cause Loss defined

Element 3, card 1/2. S240(1)(d)

Answer 6

In most cases will involve financial detriment to the victim. Must be a direct loss.

R v Morley:
Loss must be caused by the deception but need not prove the loss was intentional.

Question 7

To any other person

Element 3, card 2/2. S240(1)(d)

Answer 7

Gender neutral. Proven by judicial notice or circumstantial evidence.