Obtaining or causing loss by deception - 240(1)(c)

Question 1

Legislation

Answer 1

(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any
deception and without claim of right,-
(c) induces or causes any other person to deliver over, execute, make, accept,
endorse, destroy, or alter any document or thing capable of being used to derive
a pecuniary advantage

Question 2

Induces definition

Answer 2

“To persuade, bring about or give rise

to”.

Question 3

Proof of the inducement - requirements

Answer 3

-Should be proved by direct evidence from the person defrauded

They should usually be questioned to elice answers proving:

• that the false representation was believed, and
• that it was the consequence of that belief that the victim parted with his or her money

Question 4

Induces - Case Law

Answer 4

R V LAVERTY - It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made.

Question 5

Causes definition

Answer 5

The defendant, or an act of the defendant, must be the substantial and operative cause of the delivery, execution etc,

Question 6

Deliver over definition

Answer 6

to surrender up someone or something

Question 7

Execute definition

Answer 7

is to put a course of action into effect

Question 8

Endorse definition

Answer 8

is to write or sign on a document

Question 9

Alter definition

Answer 9

is to change in character or composition, typically in a

comparatively small but significant way

Question 10

Accept definition

Answer 10

is to receive something

Question 11

Thing definition

Answer 11

“thing” is a broad and encompassing

concept. However, the “thing” must be tangible.