General Flashcards
Does the deception need to act on the mind of the person suffering the loss?
No. It just needs to be the cause of the loss.
What are the subjective and objective tests for reasonableness?
Subjective test:
What was the defendant thinking at the time? Did they recognise the risk and go ahead regardless?
Objective test:
What would a reasonable person have thought and done in the same circumstances? Would they have recognised the risk?
Define knowledge
“Correctly believing.”
The defendant KNEW the representation was false, or was reckless as to its falsity.
Putting their head in the sand is sufficient.
How is knowledge established?
By:
(1) An admission
(2) Implication, from the surounding circumstances
(3) Propensity evidence
What is a MATERIAL PARTICULAR?
It’s an important, essential or relevant detail or item. A minor detail may amount to a material particular.
Omission
Inaction. Either a conscious decision not to do something, or not giving thought to the matter at all.
A fraudulent device, trick or stratagem, must be accompanied by…
An intent to deceive.
What are 3 examples of a fraudulent device (trickery or scheme)?
Pyramid scheme
Using an earlier receipt to take further goods from a store
Ponzi scheme to defraud lenders
Phishing
Ownership
is synonymous
With the concept of title
Where benefit or privilege does not involve money, does there need to be a financial loss or injury to the person defrauded?
No.
What are two part-elements in identifying whether the defendant has met the element of obtained
(1) When the thing has come under their control, and
(2) the deception has operated on the mind of the person giving up control.
Give 4 examples of privilege or benefit:
(1) Using another persons gym membership
(2) Access to medical services
(3) Withdrawal of an assault charge
(4) Reduction in sentence for an offence.
With regard to s240(1)(b)
If there was no legal obligation to pay the debt or liability, has there been an offence committed?
No. There needs to be a legally enforceable obligation to pay.
What’s an example of an intangible thing?
Credit is an intangible thing.
Does an offender receive title when obtaining goods on Hire Purchase?
No. They have possession but title is not transferred until full payment is made.
