Obtaining Property by Deception (liability)

Question 1

Obtaining by Deception of Causing Loss by Deception - Section 240 (1) (a) *

Answer 1

Obtaining by Deception or Causing Loss by Deception
Section 240 (1) (a) - Crimes Act 1961 

by any deception 
and without claim of right 
obtains ownership or possession of OR 
control over 
any property OR any privilege OR service OR pecuniary advantage OR benefit OR valuable consideration 
directly or indirectly

Question 2

Define privilege and benefit

Answer 2

Both mean ‘special right or advantage’

Question 3

Examples of privilege and benefit

Answer 3

• Using another person’s gym membership card so that you can use the gym facilities.
• Access to medical services.
• withdrawal of a charge or reduction in sentence.

Question 4

How are goods obtained?

Answer 4

Goods are ‘obtained’ by a defendant if the goods come under their control, even though they may not have physical possession of them.

Question 5

Difference between theft and obtains by deception

Answer 5

Theft is property obtained without the owners permission but title is not passed on

Obtains by deception is opposite often with the owners permission by deception and title is passed on

Question 6

IDEAL POSSESSION CASE LAW

Answer 6

R V COX

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 7

DEFINE CONTROL

Answer 7

To exercise authoritative or dominating influence or command over it.

Question 8

Examples of pecuniary advantage

Answer 8

• Cash from stolen goods.
• Clothing or cash obtained by a credit or EFTPOS card.
• A discount (by using a student ID card).