Obtains by Deception (Cause Loss)

Question 1

Obtains by Deception (Cause Loss) - Section/Act/Penalty

Answer 1

S240(1)(d) CA61
3 Months (under $500)
1 Year ($500 - $1000)
7 Years (Over $1000)

Question 2

Obtains by Deception (Cause Loss) - ingredients

Answer 2

1. By any deception
2. Without Claim of Right
3. Cause loss to any person

Question 3

By any deception - what to cover for liability

Answer 3

• Definition of Deception
• Definition of False Representation
• Definition of Intent to Deceive
• Case Law R v Morley
• Case Law R v Laverty

Question 4

Definition of Deception

Answer 4

S240(2) CA61

(a) a false representation, whether oral, documentary, ot by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in material particular.
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person

Question 5

Definition of False Representation

Answer 5

False Representation

• must be false and the defendant must know or believe that it is false in a material particular; or
• be reckless as to whether it is false

Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice

Question 6

Definition of Intent to Deceive

Answer 6

Offender must know representation is false and intends the other person to act upon it as genuine

Question 7

Case Law - R v Morley

Answer 7

The intention to deceive requires that the deception be practiced in order to deceive the affected party. Purposeful intent must exist at the time of the deception.

Question 8

Case Law - R v Laverty

Answer 8

It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made.

Question 9

Without Claim of Right - what to cover for the liability

Answer 9

• Definition of Claim of Right

Question 10

Definition of Claim of Right

Answer 10

S2 CA61
In relation to any act, means a belief at the time of the act in a propriety or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance, mistake of fact, or any other matter of law other than the enactment against which the offence is alleged to have been committed.

Question 11

Cause Loss to Any Person - What to cover for liability

Answer 11

• Definition of loss
• Definition of Person OR

Section 2 definition if relevant to scenario

Question 12

Definition of loss

Answer 12

It is like to include financial and property losses and may also encompass emotional, cultural ad intellectual losses

Question 13

Definition of Person

Answer 13

Gender neutral - proven by judicial notice or circumstantially

Question 14

Section 2 definition of Person

Answer 14

Person, owner, and other words and expressions of the like kind, include the Crown, and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable or doing or owning.