Obtaining or causing loss by deception Section 240(1)(b)

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,-
(b) in incurring any debt or liability, obtains credit; or

Question 2

Debt meaning

Answer 2

Money owed from one person to another

The debt or liability must be legally enforceable. If the contract is void or illegal there will be no offence:

Question 3

Liability meaning

Answer 3

Liability’ means a legally enforceable financial obligation to pay, such as the cost of a meal.

The debt or liability must be legally enforceable. If the contract is void or illegal there will be no offence:

Question 4

Credit meaning

Answer 4

Refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.

Question 5

What you must prove Under S240(1)(b)

Answer 5

You must prove the identity of the suspect and that
they:
• by deception and without claim of right
• in incurring any debt or liability
• obtained credit

Question 6

Credit - Case Law

Answer 6

Fisher V Raven

‘Credit’ refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.

Credit does not extend to an obligation to supply services or goods: