Deception - Case Law

Question 1

R v MORLEY - Intent to Deceive - Deception

Answer 1

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 2

Simester and Brookbanks - Debt or Liability

Answer 2

The debt or liability must be legally enforceable.
This means that if the contract is void or illegal there will be no offence.

Question 3

Simester and Brookbanks - thing capable of being used to derive a pecuniary advantage

Answer 3

The thing must be tangible and must be capable of being used to derive a pecuniary advantage.

Question 4

MORLEY v R - Cause Loss

Answer 4

The loss alleged by the victim must have been induced by or caused in reliance, upon the deception.
But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.

Question 5

R v ARCHER - Damage to Property

Answer 5

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Question 6

R v WILSON - Interest in Property

Answer 6

Tenancy of a property constitutes an interest in it.