Deception

Question 1

DEFINE DECEPTION

Answer 1

Section 240 (2) - Crimes Act 1961

(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 that it is false in a material particular; or
(ii) 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

INTENTION TO DECEIVE CASE LAW?

Answer 2

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 3

ESTABLISHING RECKLESSNESS CASE LAW

Answer 3

CAMERON V R

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and

(b) having regard to that risk, those actions were unreasonable.

Question 4

Define intent

Answer 4

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 5

REPRESENTATION CASE LAW

Answer 5

R V MORLEY

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

Question 6

KNOWLEDGE OF REPRESENTATION

Answer 6

Prosecution must prove:
- the defendant knew that the representation was false in a material particular or was reckless as to its falsity.

• It is not required to be absolutely certain and wilful blindness will suffice

Question 7

Simester and Brookbanks - knowledge

Answer 7

knowing means “knowing or correctly believing”.

“the defendant may believe something wrongly, but cannot ‘know’ something that is false”.

Question 8

HOW CAN KNOWLEDGE BE ESTABLISHED.

Answer 8

• an admission
• propensity evidence
• implication from the circumstances surrounding the event

Question 9

DEFINE MATERIAL PARTICULAR

Answer 9

An important, essential or relevant detail or item. ie something important or something that matters

Question 10

Define device, trick and stratagem

Answer 10

Oxford Dictionary:

• Device - plan, scheme or trick
• Trick - action or scheme undertaken to fool, outwit, or deceive
• Stratagem - cunning plan or scheme especially for deceiving an enemy, or trickery

Question 11

A FRAUDULENT DEVICE, TRICK, OR STRATAGEM USED WITH INTENT TO DECEIVE ANY PERSON MUST BE… ?

Answer 11

Must be fraudulent and morally wrong.

Question 12

HOW IS THE TERM ‘REPRESENTATION’ INTERPRETED?

Answer 12

“It must be capable of being false so it must contain a proposition of fact”. - Simester and Brookbanks

Question 13

UNDERSTANDING OF FALSE IN A MATERIAL PARTICULAR

Answer 13

Prosecution must establish that either the defendant knows or believes his representation is false in a material particular or is reckless as to whether it is false.

A minor detail may amount to a “material particular” if it is of consequence to the facts of the case. The question of materiality will be assessed objectively.

Question 14

WHAT WAS HELD IN R V CROOKS IN RELATION TO KNOWLEDGE?

Answer 14

The accused may also be liable if their conduct has amounted to “wilful blindness” and thus is equated to knowledge.