Obtains by Deception - Credit

Question 1

Section and Penalty (Obtains by Deception - Credit)

Answer 1

S240(1)(b) CA61

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

Question 2

Elements (Obtains by Deception - Credit)

Answer 2

(1) By deception and without claim of right

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

Question 3

Incurring debt or liability

Definitions

Of note only

Answer 3

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

‘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 4

R v McKay

Timing of intention to deceive

Answer 4

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 5

Continuing Representation

Of note only

Answer 5

A representation, whether by words or conduct, may be of continuing effect.

Thus, entry into a restaurant and ordering a meal would usually be a representation that one will follow the normal practice and pay for the meal at the appropriate time. If, during the course of the meal, a diner decides to avoid payment, the continuing representation of an intention to pay will become false and any subsequent obtaining of food will come within s240.