Obtaining by deception - debt-liability-credit

Question 1

Section

Answer 1

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

Question 2

Penalty

Answer 2

7 years

Question 3

Ingredients

Answer 3

1) By any deception
2) And without claim of right
3) In incurring any debt OR Liability
4) Obtains credit

Question 4

Claim of right

Answer 4

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 5

Deception

Answer 5

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 6

R v Morley

Intention to deceive

Answer 6

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

Question 7

Debt

Answer 7

Money owing from one person to another

Question 8

Liability

Answer 8

Legally enforced financial obligation to pay

Question 9

Credit

Fisher v Raven

Answer 9

Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforced

Question 10

Credit

R v Mckay

Answer 10

Credit had been obtained…but at the time the accused did not possess an intent to deceive