Deception

Question 1

Define deception as set out in section 240(2) Crimes Act 1961

Answer 1

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:
1) knows that it is false in a material particular; or
2) Is reckless as to whether it is false in a material particular; or
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

Outline the key differences between property obtained by ‘deception’ and property obtained by ‘theft’ in relation to the concept of “Tittle” and “Possession”

Answer 2

Theft:
Possession is gained however tittle is not passed over.

Deception:
Both possession and tittle are gained however the tittle is voidable.

Question 3

Define ‘claim of right’

Answer 3

in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
S2 CA61

Question 4

Define ‘ false representation’

Answer 4

• 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 the falsity of the statement will suffice

Question 5

R v Morley

Answer 5

R v Morley:
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

Question 6

Define ‘property’

Answer 6

Property:
Property includes real and personal property, and includes any estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right of interest.
S2 CA61

Question 7

Define ‘obtain’

Answer 7

Obtain in relation to any person mean to obtain or retain for himself or herself or for any other person.
S217 CA61

Question 8

Define ‘Document’

Answer 8

Document:
Includes part of a document in any form, and includes:
- Paper/ Material containing anything that can be read
- photos, negatives and related items
- discs, tapes, cards or other devices/ equipment on which information is stored and can be reproduced
S217 CA61

Question 9

R v Misic

Answer 9

“Essentially a document is a thing which provides evidence or information or serves as a record”

Question 10

Define ‘ intent to deceive’

Answer 10

Offender must know representation is false and intend the other person to act upon it as genuine.

Question 11

R v Laverty

Answer 11

It is necessary for the prosecution to prove that the person parting with the property was induced to doe so by the false representation made