Deception Offences

Question 1

What is the Act, Section and penalty for Obtain by Deception?

Answer 1

s240 (1)(a)

CA. 61

Penalty - 7 years / 1 year / 3 months

Question 2

What are the elements for s240 (1)(a) Obtain by Deception?

Answer 2

1- By any deception

2- and without claim of right

3- Obtains possession of OR
 control over any property OR
 privilege or service OR
 Pecuniary advantage OR
 Benefit OR
 Valuable consideration

Question 3

What is the Section, Act and penalty for Obtain Credit by Deception?

Answer 3

s240(1)(b)

CA.61

Penalty- 7 years/1year/3months

Question 4

What are the elements for s240(1)(b)Obtain Credit by Deception?

Answer 4

1- By any Deception

2- Without Claim of Right

3- In incurring any debt OR
Liability

4- Obtains Credit

Question 5

What is the Section, Act and penalty for Obtaining by Deception (causes loss)

Answer 5

s240(1)(d)

CA.61

Penalty- 3months(under $500) /1 year ($500-$1000)/ 7 years (over $1000)

Question 6

What are the elements for s240(1)(d)

Answer 6

1- By any deception

2- and without claim of right

3- causes loss to any person

Question 7

What is the Section, Act and penalty for Receiving?

Answer 7

s246

CA.61

Penalty - 7 years/1 year/3months

Question 8

What are the elements for s246 Receiving?

Answer 8

1- Receives

2- Any property stolen OR
Obtained by any other crime

3- knowing that property to have been stolen or
obtained OR
Being reckless as to whether or not the
property has been stolen or so obtained

Question 9

What is the definition of Deception?

Answer 9

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 material particular
Ii) is reckless as to whether it is false in a material particular or

b) an omission to disclose a material particular, with intent to deprive in circumstance had a duty to disclose.
c) a fraudulent device, trick or stratagem used with intent to deceive any person