Obtaining or causing loss by deception

Question 1

Deception

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 in a material particular; or
(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 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 2

Intent

Answer 2

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 3

Recklessness

Answer 3

Consciously and deliberately taking an unjustified risk

Question 4

Omission

Answer 4

Is in action either from a conscious decision not to act or not giving thought to the matter at all.

Question 5

Device

Answer 5

A plan, scheme or trick

Question 6

Trick

Answer 6

An action or scheme undertaken to fool, outwit or deceive

Question 7

Stratagem

Answer 7

A cunning plan or scheme especially for deceiving an enemy, or trickery

Question 8

Privilege/Benefit

Answer 8

a special right or advantage

Question 9

Control

Answer 9

To control something means to exercise authoritative or dominating influence or command over it.

Question 10

Debt

Answer 10

Money owing from one person to another

Question 11

Liability

Answer 11

a legally enforceable financial obligation to pay

Question 12

Induces

Answer 12

To persuade, to bring about or give rise to

Question 13

Deliver over

Answer 13

is to surrender up someone or something

Question 14

Execute

Answer 14

is to put a course of action into effect

Question 15

endorse

Answer 15

is to write or sign on a document

Question 16

alter

Answer 16

to change in character or composition, typically in a comparatively small but significant way

Question 17

accept

Answer 17

is to receive something

Question 18

Thing

Answer 18

Must be tangible and be capable of being used to derive a pecuniary advantage

Question 19

Loss

Answer 19

Involves financial detriment to the victim

Question 20

Representation

Answer 20

Something that contains a preposition of fact

Question 21

What knowledge does the defendant need for a false representation

Answer 21

The defendant must know it is false in a material particular or be reckless as to whether it is false. Absolute certainty is not required and willful blindness will suffice

Question 22

How can the representation be made?

Answer 22

Oral
Documentary
Conduct
Any combination of the above

Question 23

How does silence relate to representation?

Answer 23

As a general rule silence or non-disclosure will not be regarded as a representation

Question 24

Knowledge

Answer 24

means knowing or correctly believing, the defendant may believe something wrongly but cannot know something that is false

Question 25

material particular

Answer 25

something that is important or something that matters

Question 26

What must be proved for recklessness?

Answer 26

That the defendant consciously and deliberately took an unjustified risk and that the risk was unreasonable in the circumstances as they were known to the defendant

Question 27

As well as an intent to deceive what else must be shown in relation to an omission?

Answer 27

That there was a duty to disclose a material particular that was not disclosed by the defendant.

These duties often originate from civil law