Liability - Obtain by deception 240(1)a

Question 1

Define Deception S240(2)

Answer 1

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

Question 2

What is held in R V Morley regards intent to deceive

Answer 2

R v Morley - the intention to deceive requires that the deception be practised in order to deceive the affected party, purposeful intent must exist at the time of the deception

Question 3

Define claim of right - Sec 2 CA

Answer 3

In relation to any act, means a belief is a possessory or proprietary right in property in relation to which the offence is alleged to have been committed. although this belief may be based on ignorance, mistake of fact, or any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 4

Define obtains S217

Answer 4

To obtain or retain for self or another

Question 5

Define possession

Answer 5

Actual possession arises where the thing in question is in a person’s physical custody, it is on or about there person or immediately at hand.

Warner V Met Pol Comm - Ideally a possessor of a thing has complete physical control over it. He has knowledge of it’s existence, it’s situation and its qualities

Question 6

Define property - Sec2

Answer 6

includes any real or personal propety, any estate,any interest in any real or personal property, money, electricity, an debt, any thing in action or any other right or interest

Question 7

What is held in Hayes v R in relation to pecuniary advantage

Answer 7

Hayes v R - a pecuniary advantage is anything that enhances the accused’s financial position. It is the enhancement that constitues the element of advantage

Question 8

What is held in Hayes v R in relation to valuable consideration

Answer 8

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.