S240(1)(d) Causing Loss By Deception

Question 1

S240(1)(d) CA61 Elements

Answer 1

• By any deception
• Without COR
• Causes loss to any other person

Question 2

Define “loss”

Answer 2

Financial detriment to the victim.

Assessed by the extent to which the complainant’s position before the deception had been diminished or impaired.

Question 3

Define “person” (in any other person) s2 CA61

Answer 3

Person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owing.

Question 4

What is required to be proved

Answer 4

• 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
• there must be loss to “any other person” but no requirement that there be any benefit to anyone

Question 5

R v Morley ‘loss’

Answer 5

The loss alleged by the victim must have been induced by or caused in reliance upon the deception