Deception - Obtains credit (1)(b)

Question 1

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

Answer 1

Crimes Act 1961 Section 240(1)(b)

1. By any deception
2. And without claim of right
3. In incurring any debt OR liability
4. Obtains credit

1 and 2 - As discussed in prior flash cards

Question 2

In incurring any debt or liability

Debt and liability definitions:

Answer 2

Debt -
Money owing from one person to another

Liability -
A legally enforceable financial obligation to pay, such as the cost of a meal

Question 3

Credit definition

Fisher v Raven

Answer 3

Fisher v Raven

‘Credit’ refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods.

Question 4

Legally enforceable…

Answer 4

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

Question 5

The intention to deceive is essential and MUST exist at the time when the deception is perpetrated.

This is highlighted in the following case law:
R v McKay

Answer 5

On appeal it was held that the credit had been obtained on booking in but at that time the accused did not possess an intent to deceive.
R v McKay

Question 6

Examples of where credit may be obtained:

Answer 6

• Obtaining money on loan
• Extending existing overdraft facilities
• Renting or leasing a dwelling
• Eating at a restaurant and paying for the meal at the end