Obtains by Deception - Credit

Question 1

Obtains by Deception - Credit

Answer 1

Obtains by Deception - Credit
S240(1)(b) CA61

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

(1) By deception and without claim of right

(2) In incurring any debt or liability, obtains credit

Question 2

Deception

Legislation

Answer 2

S240(2) CA61

Deception means:

(a) a false representation, whether oral, documentary, or 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 a material particular; or

(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 3

R v Morley

Intent to Deceive

Answer 3

An intention to deceive requires that 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

Answer 4

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

Debt means money…

Liability means a legally…

Answer 6

‘Debt’ means money owing from one person to another.

‘Liability’ means a legally enforceable financial obligation to pay, such as the cost of a meal.

Question 7

Fisher v Raven

‘Credit’ refers to the… And examples

Answer 7

Fisher v Raven

‘Credit’ refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods:

• obtaining money on loan
• extending existing overdraft facilities
• renting or leasing a dwelling.

Question 8

R v McKay
On appeal it was held that…

Timing of intention to deceive

Answer 8

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 possess an intent to deceive.

Question 9

Cameron v R

Recklessness…

Answer 9

Cameron v R

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.