Obtaining By Deception - Altering Docs

Question 1

Obtaining By Deception 240(1)(c)

Answer 1

OBTAINING BY DECEPTION 240(1)(c) - ALTERING DOCUMENTS

• By any deception
• Without claim of right
• Induces or causes any other person to deliver over, execute, make accept, endorse, destroy or alter
• Any document or thing capable of being use to derive a pecuniary advantage

Question 2

Induces

Answer 2

INDUCEMENT
To persuade, bring about to give rise to.

PROOF OF INDUCEMENT
Should be proved by direct evidence from the victim - e.g. questions proving they believed the false representation was true and it was the consequence of that belief that the victim parted with their money. If false rep isn’t believed by victim but they nevertheless departed with property then cannot be said was obtained by deception

Question 3

R V LAVERTY - Inducement

Answer 3

It’s necessary for the prosecution to prove that it was the false representation that induced the person to part with their property

Question 4

Deliver Over / Execute / Endorse / Alter / Accept

Answer 4

Not define in CA61 - common usage:
DELIVER OVER - Surrender up someone/something
EXECUTE - To put course of action into effect
ENDORSE - To write or sign on a document
ALTER - To change in character/composition, typically in small but significant way
ACCEPT - Receive something