Causing Loss By Deception

Question 1

Causing Loss By Deception 240(1)(d) CA61

Answer 1

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

Question 2

Loss

Answer 2

LOSS
Usually involves a direct financial detriment/loss to the victim, assessed by extent the complainants position is diminished/impaired before the deception.

No requirement in s240(1)(d) that the person who suffers the loss be the person who is deceived.

Question 3

Loss / R V MORLEY

Answer 3

Loss by the victim must be induced/caused by the deception. Needs to play a material part in the loss.

Question 4

Any Other Person

Answer 4

Not only real people, includes companies organisations. Person, owner, any public body/local authority, and any board, society, or company, and any other body of persons.

Question 5

Must Prove

Answer 5

MUST PROVE IN RELATION TO S240(1)(d)
- Loss was caused by a deception, reasonably foreseeable more than trivial loss would occur, need not prove loss was intentionally cause. Needs to be loss but does not need to benefit anyone.