Obtaining or causing loss by deception S240(1)(d)

Question 1

Legislation

Answer 1

S240

1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any
deception and without claim of right,-

(d) causes loss to any other person

Question 2

Loss meaning

Answer 2

Loss is not defined but will usually involve financial detriment to the victim.

Must be a direct loss (not anticipated or expected loss”)

Does not need to be to the person deceived

Question 3

Person definition (Covers others as well)

Answer 3

• Person, owner,
• Crown
• Any public body or local authority, and any board, society, or company,

Question 4

What is required to be proved

Answer 4

• the loss was caused by a deception
• it was reasonably foreseeable some more than trivial loss would occur, but
• need not prove the loss was intentionally caused.

Question 5

S241 Crime Act - Penalties

Answer 5

(a) Loss caused or value sought or obtained exceeds $1000 = 7 Years
(b) Loss caused or value sought or obtained Over $500 but does not exceed $1000 = 1 Year
(c) Loss caused or value sought or obtained does not exceed $500 = 3 months

Question 6

Propensity definition

Answer 6

means evidence that tends to show a person’s propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events, or circumstances with which a person is alleged to have been involved;

Does not include:

(i) 1 of the elements of the offence for which the person is being tried; or
(ii) the cause of action in the proceeding in question

Question 7

“MUST” Requirements for propensity to be offered as evidence

Answer 7

• Must have probative value that outweighs the risk the evidence may have an unfairly prejudicial effect on the defendant
• Judge MUST take into account the nature of the issue in dispute.

Question 8

“MAY” Requirements for propensity to be offered as evidence

Answer 8

FUCEN A

The judge may consider:

• Frequency the acts occurred
• Unusual - The extent to which the evidence is Unusual.
• Connection in time between the acts which are subject of the evidence and that act the defendant is being tried
• Extent of the similarity between the acts
• Number of persons making the allegations
• Whether Allegations may be the result of collusion