Obtains by Deception - Causes Loss

Question 1

Obtains by Deception - Causes Loss

Answer 1

Obtains by Deception - Causes Loss
S240(1)(d) CA61

Under $500 - 3 Months
$500 to $1000 - 1 Year
Exceeds $1000 - 7 Years

By deception and without claim of right

Causes loss to any other person

Question 2

Deception, a false representation…

Answer 2

Deception means:
a false representantion - oral, documentary, conduct
person making representation intends to deceive
or knows it is reckless in a material particular

an omission to disclose a material particular - with intent to deceive, where there is a duty to disclose

a fraudulent device, trick or stratagem with intent to deceive

Question 3

R v Morley

An intention to deceive…

Answer 3

R v Morley
An intention to deceive requires the deception is practised
in order to deceive the affected party.
Purposeful intent is necessary and must exist at the time of the deception.

Question 4

R v Morley

Representations must…

Answer 4

R v Morley
Representations must relate to a statement of existing fact,
rather than a statement of future intention

Question 5

Claim of Right

Answer 5

S2 CA61

In relation to any act, means a belief at the time of the act in a proprietary 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 or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 6

R v Morley
Loss should be assessed by
(Causes loss)

Answer 6

R v Morley
Loss should be assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

Question 7

To any other person

Normal definition and who it includes

Of note only

Answer 7

Gender neutral. Proven by judicial notice or circumstantial evidence.

S2 CA61

Includes:

• 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 of doing or owning.

Question 8

Cameron v R
Recklessness…

Answer 8

Recklessness is established if:

(a)the defendant recognised that there was a real possibilitythat:

(i)his or her actions would bring about the proscribedresult; and/or
(ii)that the proscribed circumstances existed; and

(b)having regard to that risk those actions were unreasonable.