Deception - Induces or causes any other person (1)(c)

Question 1

Obtaining by deception or causing loss by deception (1)(c)
Act/Section/Elements

Answer 1

Crimes Act 1961 Section 240(1)(c)

1. By any deception
2. And without claim of right
3. Induces or causes any other person to
   - deliver over
   - destroy
   - make
   - endorse
   - execute
   - accept
   - or alter
4. Any document or thing capable of being used to derive a pecuniary advantage

(document and pecuniary advantage - previously discussed)

Question 2

Induces defintion

Answer 2

To persuade, bring about or give rise to.

Question 3

What is required to prove inducement?

Answer 3

• That the false representation was believed by the victim, and
• That it was the consequence of that belief that the victim parted with his or her money

Question 4

Must prove that the person (victim) was actually induced

R v Laverty

Answer 4

R v Laverty

It is necessary for the prosecution to prove that the person parting with the property was inched to do so by the false representation made.

Question 5

Meaning of deliver over, execute, endorse, alter, accept

Answer 5

Deliver over -
to surrender up someone or something

Execute -
to put a course of action into effect

endorse -
to write or sign a document

Alter -
to change in character or composition, typically in a comparatively small but significant way

Accept -
to receive something

Question 6

Thing definition

Answer 6

A thing is a broad concept, but must be tangible.