Obtaining By Deception Section 240(1)(b)

Question 1

Obtaining by Deception (Incurring any debt or liability) - section and ingredients

Answer 1

Section 240(1)(b) of Crimes Act - 7 years

1. by any deception
2. and without claim of right
3. in incurring any debt or liability
4. obtains credit

Question 2

Deception definition under section 240(2)

Answer 2

a) false representation, oral, documentary or by conduct where person making representation intends to deceive another person and
- knows it is false in a material particular
- 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 Circs where there is duty to disclose it
c) a fraudulent device, trick or strategem used with intent to deceive any person

Question 3

R v Morley on intention to deceive

Answer 3

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

Question 4

Claim of right - section 2 definition

Answer 4

In relation to any act

• belief in proprietary or possessory right in property at time of offence
• belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

Question 5

What is a debt

Answer 5

Money owing from one person to another

Question 6

What is a liability

Answer 6

Legally enforceable financial obligation to pay

Question 7

Fisher v Raven on credit

Answer 7

Credit 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 enforceable

Question 8

R v McKay on credit

Answer 8

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