Deception - Property (1)(a)

Question 1

Obtaining by deception or causing loss by deception
Act/ Section/ Elements

Answer 1

Crimes Act 1961 Section 240(1)(a)

1. By any deception
2. And without claim of right
3. Obtains ownership, or possession of, or control over any property, or any privilege, pecuniary advantage, valuable consideration, service or benefit
4. Directly or indirectly
   (discussed via R v Cox)

Question 2

By any deception (Deception definition)

Answer 2

Deception
CA 1961 s240(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 a material particular; or
(ii) is reckless as to whether it is false in a material particular;

Question 3

By any deception

What must be proved?

Answer 3

False Representation

1. That there was an intention to deceive
2. That there was a representation made by the defendant
3. That representation was false, and that the defendant either:
   (a) knew it was false in material particular or
   (b) was being reckless as to whether it was false in material particular

Question 4

By any deception

R v Morley

Answer 4

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.

Question 5

Representation must relate to…

R v Morley

Answer 5

R v Morley

Representation must relate to a statement of existing fact, rather than a statement of future intention.

Question 6

Knows it to be false in material particular….

Knowing definition… and knowledge can be established by (3 points)?

Answer 6

‘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

Question 7

Is reckless as to whether it is false in material particular…..

Answer 7

Recklessness means the conscious and deliberate taking of an unjustified risk.

Question 8

Material particular definition

Answer 8

A matter will be a ‘material particular’ if it is something important or something that matters.

Question 9

And without claim of right

Act/Section

Answer 9

Crimes Act 1961 Section 2
Claim of right is -

A belief in proprietary or possessory right to property at the time of the act. The belief may be based on ignorance or mistake of fact.

Four beliefs:
- Belief in a proprietary or possessory right in the property
- Belief to the right to the property in relation to which the offence is alleged to have been committed
- Belief is held at the time of the conduct
- Belief must actually be held by the defendant

Question 10

Obtains definition

Answer 10

To obtain or retain for himself, herself or for any other person.

Question 11

Obtains ownership of any…

Definition

Answer 11

Ownership is synonymous with the concept of title.

Question 12

Obtains possession of any…

R v Cox

Answer 12

R v Cox

Possession involves two elements, mental and physical. The physical element includes actual or potential physical custody or control and the mental element is a combination of knowledge and intention. Knowledge that something is in his possession and an intention exercise possession.

Question 13

Obtains control over any..

Defintion

Answer 13

To “control” something means to exercise authoritative or dominating influence or command over it.

Question 14

Property

Act/Section

Answer 14

Crimes Act 1961 Section 2

Property includes any real or personal property, and any estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right or interest.

Question 15

Privilege or benefit definition

And

Examples (4 points)

Answer 15

A special right or advantage.

Example:
- Using another persons gym membership card so that you can use the gym
- Access to medical services
- The withdrawal of an assault charge
- A reduction in sentence for an offence

Question 16

Pecuniary advantage definition

Hayes v R

and examples

Answer 16

Hayes v R

A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.

E.g:
- Discount
- Cash from stolen goods
- Cash obtained from a credit card
- Avoiding a debt payment

Question 17

Valuable consideration defintion

Hayes v R

and examples

Answer 17

Hayes v R

A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth.

e.g:
- Monetary payment in return for goods
- Goods given in return for services provided
- Issuing a false invoice to receive payment of goods never supplied

Question 18

Service definition

Answer 18

Service is limited to financial or economic value, and excludes privilege or benefits.

Question 19

What is the difference between deception and theft?

Answer 19

In theft the property is obtained without the owners permission and title is not passed on.