Deception - Causing loss (1)(d)

Question 1

Obtaining by deception or causing loss by deception

Act/Section/Elements

Answer 1

Crimes Act 1961 Section 240(1)(d)

1. By any deception
2. And without claim of right
3. Causes loss to any other person

Question 2

Loss and R v Morley

Answer 2

Loss caused by deception must be a direct loss.

R v Morley

Loss should be assessed by the extent to which the complainants position before the deception has been diminished or impaired.

Question 3

To any other person

Answer 3

Legislation provides a wide definition of the term person that incorporates not only real people, but also companies and other organisations.

Question 4

In relation to ‘loss’ what is required to be proved? (3 points)

Answer 4

• The loss was caused by a deception
• It was reasonably foreseeable some more than trivial loss would occur, but
• Need not prove the loss was intentionally caused