Obtaining By Deception Section 240(1)(d)

Question 1

Obtaining by deception (cause loss to any person) - section and ingredients

Answer 1

Section 240(1)(d) of Crimes Act

1. By any deception
2. And without claim of right
3. Cause loss to any person

Question 2

What is deception under section 240(2) of Crimes act

Answer 2

a) a false representation
- oral, documentary or conduct
- person making representation intends to deceive
any other person and knows its false in a material
particular or is reckless as to whether it is false
OR
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 3

R v Morley on intention to deceive

Answer 3

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

Question 4

Claim of right definition under section 2

Answer 4

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 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 ‘loss’

Answer 5

A loss is likely to include financial and property losses and may also encompass emotional, cultural and intellectual losses

Question 6

Person - section 2 definition

Answer 6

Person, owner and other words and expressions of the like, include

• crown
• any public body
• local authority
• any board
• society
• company
• other body of persons (incorporated or not)
• 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