Deception

Question 1

Define Deception

Answer 1

S240(2) CA 1961
Deception means,
(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 it is false in a material particular
(ii) 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 or
(c) a fraudulent device, trick or stratagem used with intent to deceive any person

Question 2

Define Representation

Answer 2

Not defined but it must be capable of being false so it must contain a proposition of fact

Question 3

Define False Representation

Answer 3

Not defined but the representation must be false and the defendant must know or believe that it is false in a material particular or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice

Question 4

What is required to be proved?

Answer 4

• there was an intention to deceive
• there was a representation by the defendant
• the representation was false and the defendant either: knew it to be false in a material particular OR was reckless whether it was false in a material particular

Question 5

What is the case law in regards to Intention to Deceive?

Answer 5

R v Morley
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

Question 6

Define Intent

Answer 6

Intent means to do it, they desire a specific result and act with the aim and purpose of achieving it.

Question 7

What case law relates to Intent

Answer 7

R v Mohan
Intent involves a decision to bring about, in so far as it lies within the accused power the commission of the offence

R v Waaka
A fleeting or passing thought is not sufficient there needs to be a firm intent or fir purpose to effect the act

Question 8

What is an example of a false representation orally?

Answer 8

Verbally claiming to own goods that are in fact subject to hire purchase

Question 9

What is an example of false representation by conduct?

Answer 9

Representing oneself to be a collector for a charity by appearing to be carrying an official collection bag

Question 10

What is an example of a false representation documentary?

Answer 10

Presenting a false CV of qualification or completing a valueless cheque on an account which has no funds knowing cheque will not be honoured

Question 11

How can knowledge be established?

Answer 11

An admission, implication from the circumstances surround the event, propensity evidence

Question 12

Define material particular?

Answer 12

An important, essential or relevant detail or item
R v Mallett
A matter is a material particular if it is something important or something that matters

Question 13

Define recklessness and what case law relates?

Answer 13

Recklessness involves consciously and deliberately taking unjustifiable risks

R v Harney
Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue course of conduct regardless of the risk

Question 14

Define omission

Answer 14

An omission is an inaction ie: not acting

Question 15

Define device, trick and strategem

Answer 15

Device: plane, scheme, 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