Deception

Question 1

Define Deception

Answer 1

240(2) CA
(a) a false representation Oral, Documentary or Conduct where the person making the representation intends to deceive any other person and
• knows that it is false in a material particular;
• is reckless as to whether it is false in a material particular;

(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it

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

Question 2

Define (R v Morley) Representation

Outline the continuing affect

Answer 2

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

Continuing effect
In many cases a representation by words or conduct may have a continuing effect.

For example, entering a restaurant and ordering dinner represents that the diner will follow the normal practice and pay for the meal. If during the course of dinner the diner decides to avoid that payment, the continuing representation will become false, and the obtaining of food will come within s240.

Question 3

What must you prove for a false representation

Answer 3

Must Prove:
• Intent to deceive
• There was representation by defendant
• Representation was false, and defendant either
o Knew it to be false in a material particular
o Was reckless whether it was false in a material particular.

necessary to analyse what meaning was conveyed to the party that now complains of a false representation:

Question 4

Intention to Deceive (R v Morley)

Answer 4

An intention to deceive requires that the deception is practised in order to deceive the affected party.

Purposeful intent is necessary and must exist at the time of the deception.

Intent: Intention to commit an act to get a specific result.

Question 5

Recklessness (Cameron v R)

Answer 5

defendant recognised that real possibility his/her actions bring proscribed result and proscribed circumstances existed.

Having regard to that risk, actions were unreasonable.

Subjective and Object Test

Question 6

Silence (General Rule)

Answer 6

In R v Waterfall- silence or non-disclosure will not be regarded as a representation.

Except certain cases of incorrect understanding- like swapping labels.

Question 7

How can knowledge be established

Answer 7

• An admission
• Implication from Surrounding Circumstances
• Propensity Evidence

Question 8

Define Device, Trick, and Stratagem

Answer 8

• Device: A ‘plan, scheme or trick’.

• Trick: An action or scheme undertaken to fool, outwit, or deceive.

• Stratagem: A cunning plan or scheme especially for deceiving an enemy, or trickery.

Question 9

Define Material Particular

Answer 9

R v Mallett
“A matter will be a ‘material particular’ if it is something important or something that matters.”

Question 10

R V Misic

Answer 10

Essentially a document is a think which provides evidence or information or serves as a record