Obtains by Deception - Causes Loss

Question 1

Section and Penalty (Obtain by Deception Causes Loss)

Answer 1

S240(1)(d) CA61

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

Question 2

Elements (Obtain by Deception Causes Loss)

Answer 2

(1) By deception and without claim of right

(2) Causes loss to any other person

Question 3

Claim of Right

Answer 3

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 4

To any other person

Normal definition and who it includes

Of note only

Answer 4

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.