Obtaining by Deception or Causing Loss by Deception - Deception

Question 1

*Deception Defined?

Answer 1

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
ii) is reckless as to whether it is false in a material particular OR

b) an omission to disclose a material particular, with intent to deceive any person, in the circumstances where there is duty to disclose it OR

c) a fraudulent device, trick or stratagem used with intent to deceive any person.

Question 2

*What is required to be proved in Deception?

Answer 2

• That there was an intent to deceive
• That there was a representation by the Defendant
• That the representation was false; and that the Defendant either
  - Knew it to be false in a material particular OR
  - Was reckless whether it was false in a material particular.

Question 3

*What is continuing effect?

Answer 3

Words or conduct may have a continuing effect.
Ex) Entering a restaurant and ordering dinner represents that the diner will follow the normal practice and pay for the meal.

If Diner choses to skip payment, the continuing representation is false, and obtaining of food will come under Deception.

Question 4

What is Silence? (Police v Dronjak)

Answer 4

Ex)
- Defendant went shopping & approached storekeeper
- Radio cost $695.83, informed him he will buy it
- Came to check out with two prices, $695.83 & $38.88.
- Charged $38.88

By remaining silence, make known, deliberately refraining to alert the mistake, Dronjak obtained title by false pretense (deception).

Question 5

Knowledge - Simester & Brookbanks

Answer 5

“Knowing or correctly believing…the defendant may believe something wrongly but cannot ‘know’ something that is false.

Question 6

*How can knowledge be established?

Answer 6

• An Admission
• Implication from the circumstances surrounding the event
• Propensity Evidence

Question 7

Fraudulent Device, Trick or Strategem etc

Answer 7

Device
- A plan, scheme or trick

Trick
- An action or scheme undertaken to fool, outwit or deceive

Strategem
- A cunning plan or scheme especially for deceiving an enemy or trickery.