S240(1)(c) Altering Documents Capable Of Deriving PA

Question 1

S240(1)(c) CA61 Elements

Answer 1

• By any deception
• Without COR
• Induces or causes any other person
• To deliver over/ execute/ make/ accept/ endorse/ destroy/ alter
• Any document/ thing capable of being used to derive pecuniary advantage

Question 2

Define “induces”

Answer 2

To persuade, bring about or give rise to.

Question 3

Proof of inducement. The victim of the deception is usually questioned to elicit answers proving:

Answer 3

• that the false representation was believed and

- that it was the consequence of that belief that the victim parted with his or her money

Question 4

(Induced to believe false representation) R v Laverty

Answer 4

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 5

Define “deliver over/ execute/ endorse/ alter/ accept”

Answer 5

Deliver over: to surrender up someone or something

Execute: to put a course of action into effect

Endorse: to write or sign on a document

Alter: to change in character or composition, typically in a comparatively small but significant way

Accept: to receive something

Question 6

Define “thing”

Answer 6

A broad and encompassing concept. A thing must be tangible and be capable of being used to derive a pecuniary advantage.