Obtaining Property by deception- 240(1)(a)

Question 1

Obtaining or causing loss by deception (Property) - 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,-
(a) obtains ownership or possession of, or control over, any property, or any
privilege, service, pecuniary advantage, benefit, or valuable consideration,
directly or indirectly;

Question 2

Any privilege or benefit meaning and example

Answer 2

Both of these words mean a ‘special right or advantage and are not limited to a pecuniary nature.

Example:
• Using another person’s gym membership card so that you can use the gym 
facilities.
• Access to medical services.
• A reduction in sentence for an offence

Note: Where the benefit or privilege does not involve money, there does not need to
be financial loss or injury to the person who has been defrauded

Question 3

Possession Case Law

Answer 3

Possession involves two elements. The first, the physical element, is actual or
potential physical custody or control. The second, the mental element is a
combination of knowledge and intention: knowledge in the sense of an awareness
by the accused that the substance is in his possession and an intention to exercise
possession

Question 4

Special Interest meaning

Answer 4

It is sufficient if the person from whom the goods were obtained had some
special property or interest in the goods without having actual ownership of
them

Question 5

Control

Answer 5

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

A defendant does not
need to possess something in order to control it.