Obtaining by deception

Question 1

Section

Answer 1

Section 240(1)(a), Crimes Act 1961

Question 2

Penalty

Answer 2

3months-7years

Question 3

Ingredients

Answer 3

1) By any deception
2) Without claim of right
3) Obtains possession of or control over any property or privilege, service, pecuniary advantage or benefit ot valuable consideration

Question 4

Deception 
Section 240(2)

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 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 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 willful blindness as to the falsity of the statement will suffice.

Question 6

Intent to deceive

Answer 6

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

Question 7

R v Morley

Intention to deceive

Answer 7

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 8

R v Laverty

False representation

Answer 8

t is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made

Question 9

Claim of right

Answer 9

• 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 beleid may be based on ignorance or mistaken of the fact or of any matter of law other then the enactment against which the offence is alleged to have been committed.

Question 10

Ideal possession

• Complete physical control
• knowledge of existence/situation/qualities

Answer 10

Warner v Metropolitan Police Commissioner

Question 11

When something is not in a person’s physical custody, but they have ready access to it or can exercise control over it

Answer 11

Constructive control

Question 12

Valuable consideration

Hayes v R

Answer 12

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

Question 13

Where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand

Answer 13

Actual possession

Question 14

Hayes v R

Pecuniary advantage

Answer 14

A pecuniary advantage is “anything that enhances the accused’s financial position. It us that enhancement which constitutes the element of advantage”