S240 CA61

Question 1

Deception - S240(2)

Answer 1

Deception means

a) Any false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any person, and;
i) knows that it is false in a material particular; OR
ii) is reckless as to whether it is false in a material particular

b) an omission to disclose a material particular, WINT2DAP, in circumstances where there is a duty to disclose it

c) a fraudulent device, trick, or stratagem used WINT2DAP

Question 2

Representation

Answer 2

Representations about a past or present fact, about a future event, or about a statement of existing intention, opinion, knowledge, belief, or state of mind.

It must be capable of being false so it must contain a proposition of fact.

Question 3

False representation

Answer 3

• the representation must be false and the defendant must know or believe that it is false in a material particular (or be reckless).
• absolute certainty is not required, and wilful blindness as to falsity of the statement will suffice.

Question 4

Intention to deceive - R v Morley

Answer 4

An intention to deceive requires that the deception is practised in order to deceive the affected party.

Purposeful intent is necessary and must exist at the time of the deception.

Question 5

Intent

Answer 5

There are two specific types of intention in an offence. The intention to commit an act and the intention to get a specific result.

Question 6

Material particular

Answer 6

An important, essential, or relevant detail or item.

Question 7

Representation - R v Morley

Answer 7

Representations must relate to a statement of existing fact, rather than a statement of future intention.

Question 8

Claim of right

Answer 8

In relation to any act, means a belief ATT of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.

Question 9

Ownership

Answer 9

Synonymous with the concept of title - a legal right to the property.

Question 10

Possession - Definition

Answer 10

Actual - arises where the thing in question is in a person’s physical custody or control

Potential - arises when the person has the potential to have the thing in question in their control

Question 11

Possession - R v Cox

Answer 11

Possession involves two elements.

The first, the physical element, is actual or potential physical custody or control.

The second, the mental element, is a combination of knowledge and intention. Knowledge in a sense of awareness by the accused that the substance is in their possession; and an intention to exercise possession.

Question 12

Credit obligations - Fisher v Raven

Answer 12

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.

Question 13

Debt & Liability

Answer 13

Debt means money owing from one person to another.

Liability means a legally enforceable financial obligation to pay, such as the cost of a meal.

D&L incurred must be legally enforceable.

Question 14

Induces - R v Laverty

Answer 14

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 15

Timing of intention to deceive - R v Morley

Answer 15

On appeal it was held that the credit had been obtained on booking in but at that time the accused did not possess an intent to deceive.

Question 16

Person

Answer 16

Person, owner, and other expressions of the like kind, include the Crown, any public body or local authority, 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 owning.