Obtain by Deception (b)

Question 1

Obtain by Deception (b)

Answer 1

Section 240 (1) (b) Crimes Act 1961

Question 2

Penalty

Answer 2

3 months/1 year/7 years

Question 3

Elements

Answer 3

1. By any deception
2. And without claim of right
3. In incurring any debt OR liability
4. Obtains credit

Question 4

Deception

Answer 4

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
(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,
c) a fraudulent device, trick or stratagem used with intent to deceive any person
Section 240 (2) CA 1961

Question 5

False representation

Answer 5

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

Question 6

Intent

Answer 6

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

Question 7

Intent to Deceive

Answer 7

The offender must know representation is false and intent the other person to act upon it as genuine.

Question 8

R v Morley

Answer 8

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.

Question 9

Claim of right

Answer 9

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 face or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Section 2, Crimes Act 1961

Question 10

Debt

Answer 10

Money owing from one person to another

Question 11

Liability

Answer 11

Legally enforceable financial obligation to pay

Question 12

Credit

Answer 12

Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable.

Question 13

Obtained

Answer 13

… credit had been obtained … but at the time the accused did no possess an intent to deceive