Obtains or Causes Loss by Deception Flashcards
Outline the offence and elements for 240(1)(a)
Obtains by Deception Section 240 (1)(a) Crimes Act
• By any deception
• Without claim of right
• Obtains
o Ownership
o Possession or
o Control
• Property or privilege, service, pecuniary adv, benefit, valuable consideration
• Directly or indirectly
When are goods obtained
When the goods come under Defendants control, even though they may not have physical possession of them.
Whats the difference between theft and deception
In theft the property is obtained without the owner’s permission and title is not passed on.
Define Ownership, Possession and Control
Ownership- title
Possession-
R v Cox Possession involves two elements. The physical element, and the mental element. Custody and control, knowledge and intent.
Control- authoritative or dominating influence, or command.
Outline the offence and elements for 240(1)(b)
Obtaining by Deception or Causing Loss by Deception Section 240 (1)(b) Crimes Act
- By any deception
- Without claim of right
- In incurring any debt or liability
- Obtains credit
Define Debt or Liability
Must be legally enforceable.
Debt- Money owing from one person to another
Liability- legally enforceable financial obligation to pay- such as cost of a meal.
Define Credit (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:
What does R v McKay outline about timing of deception
Intention to deceive must exist at the time the deception is perpetrated. (A later decision is insufficient)
McKay
Credit had been obtained on booking. At that time the accused did not possess an intent to deceive.
Examples where no intent to deceive
Delay, or non-payment of debt,
inability to perform a bona-fide intention.
Payment withheld
Outline the offence and elements of 240(1)(c)
Obtaining by Deception/Causing loss by deception Section 240 (1)(c) Crimes Act
- By any deception
- Without claim of right
- Induces or causes any other person to
- Deliver over, execute, make, accept, endorse, destroy, or alter
- Any Document or thing capable of being used
- to derive a pecuniary advantage
Define and Discuss Inducement
Proving Inducement
R v Laverty (PPPP)
Induce- To persuade.
Prove-
- FR was believed
- As a consequence, parted with money.
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.
Define Deliver over, execute, make, accept, endorse, destroy, or alter
- to deliver over, is to surrender up someone or something
- to execute, is to put a course of action into effect
- to endorse, is to write or sign on a document
- to alter, is to change in character or composition, typically in a comparatively small but significant way
- to accept, is to receive something
Outline the offence and elements of 240(1)(d)
Causing loss by deception Section 240 (1)(d) Crimes Act
- By any deception
- Without claim of right
- Causes loss to any person.
Define Loss
and
Must be a direct loss, financial detriment to Victim.
R v Morley
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
What must prosecution prove for 240 (1)(d)
- the loss was caused by a deception
- it was reasonably foreseeable some more than trivial loss would occur, but
- need not prove the loss was intentionally caused.
