Deception definition Flashcards
Deception definition
Act/ Section
Crimes Act 1961 Section 240(2)
(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 material particular or
(ii) is reckless as to whether it is false in a material particular
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstance where there is a duty to disclose it
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person
What is required to be proved?
- There was an intention to deceive
- There was a representation by the defendant
- The representation was false; and that the defendant either:
(a) knew it was false in a martial particular, or
(b) was reckless as to whether it was false in a material particular
Intent to deceive
R v Morley
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
Examples of Orally, documentary or by conduct:
Orally -
Verbally claiming to own goods that are in fact subject to a hire purchase agreement
By conduct -
Representing oneself to be a collector for charity by appearing to be carrying an offical collection bag
Documentary -
Presenting a false certificate of qualification
Representation must relate to a statement….
R v Morley
R v Morley
Representations must relate to a statement of existing fact, rather than a statement of future intention.
Knowledge definition
and
how can knowledge be established?
Simester and Brookbanks
‘Knowing’ means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.
Knowledge can be established by:
1. An admission
2. Implication from the circumstances surrounding the event
3. Propensity evidence
False in a material particular definition
A matter will be a ‘material particular’ if it is something important or something that matters.
An omission to disclose…. (2)(b)
Omission defintion
The action of excluding or leaving out someone or something; a failure to fulfil a moral or legal obligation.
Duty to disclose (2)(b)
A duty to disclose will often originate in the civil law, eg where the parties are in a contractual relationship.
Fraudulent device, trick or stratagem definition
Device -
A plan scheme or trick.
Trick -
An action or scheme undertaken to fool, outwit, or deceive.
Stratagem -
A cunning plan or scheme especially for deceiving an enemy, or trickery.
Recklessness defintion
Caselaw - 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
Recklessness subjective/objective test
Recklessness means the conscious and deliberate taking of an unjustified risk.
Subjective: The defendant consciously and deliberately ran a risk
Objective: The risk was one that was unreasonable to take in the circumstances as they were known to the defendant
What is a false representation?
Representation must be false and defendant must know or believe it is false in a material particular, or reckless as to whether it is false in a material particular. Absolute certainty is not required and wilful blindness will suffice.
