Causing Loss by Deception (liability)

Question 1

Obtaining by Deception or Causing Loss by Deception - Section 240 (1) (d) *

Answer 1

Obtaining by Deception or Causing Loss by Deception
Section 240 (1) (d) - Crimes Act 1961 

by any deception
and without claim of right
causes loss to any other person

Question 2

Define loss

Answer 2

Financial detriment to the victim

Question 3

WHAT DID R v MORLEY CONCLUDE REGARDING LOSS?

Answer 3

“The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.”

Question 4

What is required to be proved?

Answer 4

• the loss was caused by a deception

* it was reasonably foreseeable some more than trivial loss would occur

Question 5

Define ‘person’

Answer 5

Person is generally accepted by judicial notice or proved by circumstantial evidence