Deception Flashcards
Obtain property by deception
Section and Elements
Section 240(1)(a) CA61
Anyone who by deception and without claim of right
Obtains ownership or possession of, or control over:
Property, privilege, service, pecuniary advantage, benefit or valuable consideration,
Directly or indirectly
Obtaining credit by deception
Section and elements
Section 240(1)(b) CA61
Anyone who by deception and without claim of right
In incurring any debt or liability, obtains credit
Causing loss by deception
Section and elements
Section 240(1)(d) CA61
Anyone who by deception and without claim of right
Causes loss to any person
Penalty for obtaining by deception
Section 241 CA 61
If the caused or the value of what is obtained or sought exceeds:
$1000 - 7 years imprisonment
$500 but not $1000 - 1 year imprisonment
Under $500 - 3 months imprisonment
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
What is to be proved
- There was an intent to deceive
- A representation was made by the defendant
- The representation was false and they must either:
- know it to be false in a material particular
OR - was reckless whether it was false in a material particular
- know it to be false in a material particular
Representation
Representations about a past or present fact, about a future event, existing intention or other state of mind
False representation
The representation must be false and they must know it to be false in a material particular OR was reckless whether it was false in a material particular
Continuing effect
Representation of words or conduct may have a continuing effect - entering a restaurant and leaving without paying after the meal
Pecuniary advantage examples
Cash from stolen goods
Clothing or cash obtained by credit or eftpos card
A discount
Avoiding or deferring payment of a debt
Valuable consideration examples
Money as payment for goods and services
Goods given in return for services
Issuing a false invoice to receive payment for goods never supplied
Credit
An obligation on the debtor to pay or repay and the time given to do so