Important to know

Question 1

Nature of belief required

Answer 1

1. The belief must be a belief in a proprietary or possessory right in property.
2. The belief must be about rights to the property in relation to which offence is alleged to have been committed.
3. The belief must be held at the time of the conduct alleged to constitute the offence.
4. The belief must be actually held by the defendant (genuine belief).

Question 2

What is required to prove deception

Answer 2

That there was an intent to deceive

That there was a representation by the defendant

That the representation was false; and that the defendant either:
- knew it to be false in a material particular, or
- was reckless whether it was false in a material particular.

Question 3

Knowledge can be established by:

Answer 3

• an admission
• implications from the circumstances surrounding the event
• propensity evidence

Question 4

Under a240(1)(b) you must prove the identity of the suspect and that they:

Answer 4

• by Deception and without claim of right.
• in incurring and debt or liability.
• obtained credit

Question 5

Title

Answer 5

Defined as “a right or claim to the ownership of property”.
Title simply means a legal right to the property or possession of something.

Question 6

Voidable title

Answer 6

A title obtained by deception, fraud, duress or misrepresentation.

If an innocent purchaser buys goods obtained by deception, before title has been voided, then he/she is entitled to goods title.

Until the title is voided, the defrauder has a voidable title, and can confer good title on anyone who acquires the goods from him or her in good faith and for value.