Liability 240(1)(d)

Question 1

Obtaining by Deception

Section and Penalty

Answer 1

Section 240(1)(d) Crimes Act 1961

3 Months / 1 Year / 7 Years

Question 2

Obtaining by Deception

Ingredients

Answer 2

.1 By any Deception

.2 And without claim of right

.3 Causes loss to any person

Question 3

.1 By any deception

Answer 3

Deception:

(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

(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or

(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.
Sec. 240(2), Crimes Act 1961

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False Representation:
- must be false and the defendant must know or believe that it is false in material particular
- be reckless whether it is false.
Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice.

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Intent:
In a criminal law context there are two specific types of intention. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

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Intent to deceive:
Offender must know the representation is false and intend on the other person to act upon it as genuine.

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The intention to deceive requires that the deception be practiced in order to deceive the affected party. Purposeful intent must exist at the time of the deception.
R v Morley

Question 4

.2 And without claim of right

Answer 4

Claim of right:
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of the fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Sec 2, Crimes Act 1961

Question 5

.3 Causes loss to any person

Answer 5

Loss:
Is likely to include financial and property losses and may also encompass emotional, cultural and intellectual losses.

Person:
Gender neutral, proven by judicial notice or circumstantial evidence.