Definitions 4 Flashcards
“Induces”
as per Oxford Dictionary
“To persuade, bring about or give rise to.”
Proof of inducement by…?
Victim questioned to prove…? (2)
R v Granger
(no direct evidence?)
The inducement should be proved whenever possible by DIRECT EVIDENCE from the person alleged to have been defrauded. Victim should be questioned to prove:
- that the false representation should be believed,
- that it was the consequence of that belief that the victim parted with his/her money.
R v Granger: in the absence of direct evidence, a reasonable inference can be drawn in certain circumstances that the owner was induced by the representation to part with his money.
If the particular false representation is not believed?
If it is believed but the intended victim is not induced?
R v LAVERTY
If it is not believed by the person to whom it is made, but he nevertheless still parts with his property as a consequence of it, it cannot be said that the property was obtained by deception.
If the person to whom the representation is made believes it to be true, but is not induced by it to part with property, an attempt may be disclosed but not the offence of obtaining by deception itself.
R v LAVERTY: “It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the FALSE REPRESENTATION made.”
“Causes”
The defendant, or an act of the defendant, must be the SUBSTANTIAL and OPERATIVE CAUSE of the delivery, execution etc, of any document capable of deriving a pecuniary advantage.
The accused MUST CAUSE LOSS.
Deliver Over Execute Endorse Alter Accept
Deliver Over - to surrender up someone or something
Execute - to put a course of action into effect
Endorse - to write or sign on a document
Alter - to change in character or composition, typically in a comparatively small but significant way
Accept - to receive something.
“Loss”
R v MORLEY
- What must the loss be caused by?
- How should the loss be assessed?
Not defined by statute, but in most cases will involve financial detriment to the victim. Must be a DIRECT LOSS.
R v MORLEY: “The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception…”
The loss flowing from the deception should be assessed by the extent to which the complainant’s position before the deception had been diminished or impaired.
“To any other person”
S 2, Crimes Act 1961
Person, owner, and other words and expressions of the like kind,
include the Crown and any public body or local authority
and any board, society, or company, and any other body of persons, whether incorporated or not
and the inhabitants of the district of any local authority,
in relation to such acts and things as it or they are capable of doing or owning.
What is required to be proved re “causing loss?”
as per R v MORLEY (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.
There must be loss to “any other person,” but there is no requirement that there be any BENEFIT to anyone.
Penalty for Deception Offences
S 241, Crimes Act 1961
(a) Over $1,000? - 7 years
(b) $500 - $1,000? - 1 year
(c) under $500? - 3 months
