Obtaining By Deception - Credit

Question 1

Obtaining by Deception 240(1)(b)

Answer 1

• By any deception (intent to deceive)
• Without claim of right
• In incurring any debt or liability
• Obtains credit

Question 2

Debt / Liability

Answer 2

DEBT - money owing from one person to another.

LIABILITY - a legally enforceable financial obligation to pay, such as the cost of a meal.

Must be legally enforceable - if contract is void or illegal there is no offence.

Question 3

FISHER V RAVEN / Obligation to Pay

Answer 3

FISHER V RAVEN - OBLIGATION TO PAY
Credit is the obligation on debtor to pay or repay, and in the time given for them to do so. It does not extend to an obligation to supply good or services.

I.e. Lengthy loan agreements or minutes taken to consume a meal by the creditor. Must be in respect of monetary obligation.

Question 4

Credit

Answer 4

CREDIT
Refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.

Is an intangible thing - must be a monetary obligation. If defendant obtained non-monetary maybe more appropriate under 240(1)(a).

Question 5

Intention to Deceive

Answer 5

TIMING OF INTENTION TO DECEIVE - CREDIT
Intention to deceive MUST EXIST AT THE TIME when deception occurs - a later decision not to pay is insufficient. Not sufficient because;
- Payment withheld because of genuine dissatisfaction with the service.
- There is delay or non-payment of debt
- An inability to perform a bona-fide intention.

Question 6

R V MCKAY / Intention To Deceive

Answer 6

On appeal it was held the credit had been obtained on booking in but at that time the accused didn’t possess an intent to deceive.

Question 7

3rd Party Credit

Answer 7

3RD PARTY CREDIT
Previously held that credit must be obtained by and given to the defendant personally. However, under S217 CA61 it can include that the defendant obtained the extension of credit to another person.

I.e: Obtaining money on loan, extending existing overdraft facilities, renting or leasing a dwelling

Question 8

Continuing Effect

Answer 8

During course of the meal, diner decides to avoid payment, their ongoing representation of intending to pay is false and subsequent consumption food will come within s240.

Question 9

Hire Purchase

Answer 9

HIRE PURCHASE
Where goods are obtained on hire purchase by a false representation, the offence is deception.

If they later sell the goods then commit theft by conversion as they never received the title for the goods as they were obtained fraudulently.