Obtaining by Deception (d)

Question 1

Obtaining by Deception (d)

Answer 1

Section 240 (1) (d) Crimes Act 1961

Question 2

Penalty

Answer 2

3 months/1 year/7 years

Question 3

Elements

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 a material particular
(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,
c) a fraudulent device, trick or stratagem used with intent to deceive any person
Section 240 (2) CA 1961

Question 5

Intent

Answer 5

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 6

Intent to Deceive

Answer 6

The offender must know representation is false and intent the other person to act upon it as genuine.

Question 7

R v Morley

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

Claim of right

Answer 8

In relation to any act, means a 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 belief may be based on ignorance or mistake of face or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Section 2, Crimes Act 1961

Question 9

Loss

Answer 9

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

Question 10

Person

Answer 10

Gender Neutral. Proven by judicial note or circumstantially.

Question 11

Person & groups

Answer 11

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.