Deception / Fraud

Question 1

What is required to be proved? (Obtaining / Causing Loss, By Deception)

Answer 1

You must prove:

 that there was an intent to deceive

 that there was a representation by the defendant

 that the representation was false; and that the defendant either:

 knew it to be false in a material particular OR

 was reckless whether it was false in a material particular.

Question 2

What is required to be proved? (Obtain Credit By Deception)

Answer 2

You must prove the identity of the suspect and that they:

 by deception and without claim of right

 in incurring any debt or liability

 obtained credit.

Question 3

What must be proved?

Causing Loss By Deception

Answer 3

The prosecution must prove that:

 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.

Question 4

Penalty of Obtaining by Deception of Causing Loss By Deception - Including Section and Act

Answer 4

Under Section 241
Crimes Act 1961
(a) exceeds $1,000, 7 years
(b) exceeds $500-$1000, 1 year
(c) under $500, 3 months

Question 5

The Concept of Title

What is the basic concept?

Answer 5

When a defendant obtains goods by false pretence he obtains both “title” and possession. However, the type of title an offender gets has its limitations (later discussed)

Question 6

Define Title as in the Oxford Dictionary

Answer 6

“A right or claim to the ownership of property”.

In other words, “title” simply means a legal right to the property.

A person cannot give better title to property than they own. Where a seller, who has no rights of ownership to the goods and who acts without the authority of the true owner, purports to pass title to a buyer, that buyer can receive no greater interest in the goods than the seller had.