Obtains by Deception Flashcards
Ingredients of Obtains by Deception
S240 CA 1961
(1) 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 or
(b) in incurring any debt or liability obtains credit or
(c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy or alter any document or thing capable of being used to deceive a pecuniary advantage or
(d) cause loss to any other person
What are some examples of privilege or benefit?
- Using another persons gym membership card to use gym
- Access to medical services
- The withdrawal of an assault charge
- A reduction in sentence for an offence
What is a distinction between theft and obtaining by deception?
Theft the property is obtained without owners permission and title is not passed on
What is actual possession?
Actual possession arises where the thing in question is in a persons physical custody it is on or about their person or immediately at hand.
What is the case law in regards to Ideal Possession
Warner v Metroplitian Police Commissioner
Ideally a possessor of a thing has complete physical control over it, he has knowledge of its existence, it’s situation and its qualities
What is constructive possession?
Constructive possession arises when something is not in persons physical custody but they have reDy access to it or can exercise control over it
What does the case law Sullivan v Earl of Caithness state?
Sullivan v Earl of Cathness
Possession includes not merely those that have physical custody of firearms….but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at another location
What is a special interest lien?
A lien is a right over another’s property to protect a debt charged on that property eg: a garage that is repairing a motor vehicle has a lien over it.
What are examples of pecuniary advantage?
- Cash from stolen goods
- clothing or cash obtained by a credit or eftpos card
- A discount using a student id
Define debt?
Debt means money owning from one person to another
Define liability
liability means a legally enforceable financial obligation to pay such as the cost of a meal
Define Credit?
Refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor
Discuss the case law about Obligation to Pay
Fisher v Raven
Credit refers to the obligation of the debtor to pay or repay and the time given for the to do so by the creditor. Credit does not extend to an obligation to supply services or goods
What is the timing of intention to deceive and discuss case law
The intention to deceive is essential and must exist at the time when the deception is perpetrated.
R v McKay
On appeal it was held that the credit had been obtained on booking in but at that time the accused did not posses an intention to deceive
Define Induces
Induces means to persuade, bring about or give rise to
