Obtain by deception - Cause loss

Question 1

What is act, section and penalty for obtaining by deception causing loss?

Answer 1

S240(1)(d) CA61

3 months, 1 yr, 7 yrs

Question 2

What are the 3 elements

Answer 2

1- By an deception
2- And without claim of right
3- Causes loss to any person

Question 3

What 5 points need to covered for by deception

Answer 3

1- Deception -S240(2) CA61
2- False representation
3- Intent 
4- Intent to deceive
5- R v Morley

Question 4

What the definition of claim of right

Answer 4

Claim of right - S2 CA61
- In relation to any act means a belief at the time of the act in a proprietary or possessery right in property in which the alleged offence has been committed, Although that belief maybe based on ignorance or mistake of fact or any other matter of law other than the enactment against which the alleged offence has been committed.

Question 5

Explain Loss?

Answer 5

Loss - R v Morley
- Loss is assessed by the extent of which the victims position prior to the offence has diminished or impaired.

+

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

Question 6

Person

Answer 6

Person - S2CA
- Gender neutral proven by judicial notice or circumstantial evidence.

or

Section 2 – Crimes Act 1961
person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning: