Obtaining by deception-Causes loss to any person

Question 1

Section

Answer 1

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

Question 2

Penalty

Answer 2

7years/1 year/3 months

Question 3

Ingredients

Answer 3

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

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 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

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception

Answer 5

R v Morley

Question 6

Claim of right

Answer 6

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 7

Loss

Answer 7

Is likely to include financial and property losses and may also encompass emotional, cultural and intellectual losses

Question 8

Section 2, Crimes Act 1961

Person/Owner

Answer 8

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 nor, 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