Obtains by Deception (Obtains Credit) S240(1)(b) Flashcards
Learn liability elements and definitions
Obtains by Deception (Obtains Credit)
Act, Section, Penalty
Crimes Act 1961
S240(1)(b)
Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp
Obtains by Deception (Obtains Credit)
List Elements
1) By deception
2) without claim of right
3) in occurring any debt OR
liability
4) obtains credit
Deception
Element 1, card 1/2. S240(1)(b)
CA1961 Section 240(2)
(a) A false representation, whether oral, documentary, or by conduct, made with intent to deceive, and knows, or is reckless if false in a material particular, or
(b) An omission to disclose a material particular, with intent to deceive, where there is a duty to disclose it,
(c) or a fraudulent device, trick, or stratagem used with intent to deceive.
Intention to deceive
R v Morley
Element 1, card 2/2. S240(1)(b)
R v Morley –
Intention to deceive requires purposeful intent at the time the deception is practiced.
Without claim of right defined
Element 2, card 1/1. S240(1)(b)
Without claim of right (s2 CA 1961)
No belief there was possessory or proprietary right to the property.
Debt defined
Element 3, card 1/2. S240(1)(b)
The debt or liability (incurred) must be legally enforceable.
‘Debt’ means money owing from one person to another.
Liability defined
Element 3, card 2/2. S240(1)(b)
The debt or liability (incurred) must be legally enforceable.
‘Liability’ means a legally enforceable financial obligation to pay, such as the cost of a meal.
Credit Defined
Fisher v Raven
Element 4, card 1/1. S240(1)(b)
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.
