Obtains By Deception - Credit

Question 1

Obtains By Deception - Credit
- s240 (1)(b) C.A. 1961
- 7yr (Over $1000)

Answer 1

• By deception & without claim of right

• In incurring any debt or liability

• Obtains credit

Question 2

Incurring debt or liability

Answer 2

The debt or liability must be legally enforceable. This means that if the contract is void or illegal there is no offence

• Debt - money owing from one person to another

• Liability - a legally enforceable financial obligation to pay, such as the cost of a meal.

Question 3

Credit - FISHER v RAVEN

Answer 3

• Credit refers to, the obligation on the debtor to pay, and the time given for them to do so by the creditor

• Doesn’t include an obligation to supply goods or services.

Question 4

Credit - Examples

Answer 4

• Renting a property
• Extending overdraft facilities
• Obtaining money on loan

Question 5

Timing of intention to deceive - McKAY

Answer 5

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.