Obtains by Deception (Incur Debt / Liability / Obtain Credit)

Question 1

Obtains by Deception (Incur Debt / Liability / Obtain Credit) - Section/Act/Penalty

Answer 1

S240(1)(b) CA61

7 Years

Question 2

Obtains by Deception (Incur Debt / Liability / Obtain Credit) - Ingredients

Answer 2

1. By any deception
2. Without Claim of Right
3. In incurring any debt OR Liability,

Obtains Credit

Question 3

By any deception - what to cover for liability

Answer 3

• Definition of Deception
• Definition of False Representation
• Definition of Intent to Deceive
• Case Law R v Morley
• Case Law R v Lavert

Question 4

Definition of Deception

Answer 4

S240(2) CA61

(a) a false representation, whether oral, documentary, ot 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 material particular.
(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 5

Definition of False Representation

Answer 5

False Representation

• must be false and the defendant must know or believe that it is false in a material particular; or
• be reckless as to whether it is false

Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice

Question 6

Definition of Intent to Deceive

Answer 6

Offender must know representation is false and intends the other person to act upon it as genuine

Question 7

Case Law - R v Morley

Answer 7

The intention to deceive requires that the deception be practiced in order to deceive the affected party. Purposeful intent must exist at the time of the deception.

Question 8

Case Law - R v Laverty

Answer 8

It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made.

Question 9

Without Claim of Right - what to cover for the liability

Answer 9

• Definition of Claim of Right

Question 10

Definition of Claim of Right

Answer 10

S2 CA61
In relation to any act, means a belief at the time of the act in a propriety 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, mistake of fact, or any other matter of law other than the enactment against which the offence is alleged to have been committed.

Question 11

In incurring any debt OR Liability, Obtains Credit - what to cover for liability

Answer 11

• Definition of Debt
• Definition of Liability
• Definition of Credit (Case Law Fisher v Raven)
• Case Law R v Mckay

Question 12

Definition of Debt

Answer 12

Money owing from one person to another

Question 13

Definition of Liability

Answer 13

Legally enforceable financial obligation to pay

Question 14

Definition of Credit (Case Law Fisher v Raven)

Answer 14

Refers to the obligation of the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable.

Question 15

Case Law R v Mckay

Answer 15

….credit had been obtained… but at the time the accused did not possess an intent to deceive.