Deception

Question 1

Obtain property by deception

Section and Elements

Answer 1

Section 240(1)(a) CA61

Anyone who by deception and without claim of right

Obtains ownership or possession of, or control over:

Property, privilege, service, pecuniary advantage, benefit or valuable consideration,

Directly or indirectly

Question 2

Obtaining credit by deception

Section and elements

Answer 2

Section 240(1)(b) CA61

Anyone who by deception and without claim of right

In incurring any debt or liability, obtains credit

Question 3

Causing loss by deception

Section and elements

Answer 3

Section 240(1)(d) CA61

Anyone who by deception and without claim of right

Causes loss to any person

Question 4

Penalty for obtaining by deception

Answer 4

Section 241 CA 61

If the caused or the value of what is obtained or sought exceeds:

$1000 - 7 years imprisonment

$500 but not $1000 - 1 year imprisonment

Under $500 - 3 months imprisonment

Question 5

R v Morley

Answer 5

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception

Question 6

What is to be proved

Answer 6

• There was an intent to deceive
• A representation was made by the defendant
• The representation was false and they must either:
  
  • know it to be false in a material particular
    OR
  • was reckless whether it was false in a material particular

Question 7

Representation

Answer 7

Representations about a past or present fact, about a future event, existing intention or other state of mind

Question 8

False representation

Answer 8

The representation must be false and they must know it to be false in a material particular OR was reckless whether it was false in a material particular

Question 9

Continuing effect

Answer 9

Representation of words or conduct may have a continuing effect - entering a restaurant and leaving without paying after the meal

Question 10

Pecuniary advantage examples

Answer 10

Cash from stolen goods
Clothing or cash obtained by credit or eftpos card
A discount
Avoiding or deferring payment of a debt

Question 11

Valuable consideration examples

Answer 11

Money as payment for goods and services
Goods given in return for services
Issuing a false invoice to receive payment for goods never supplied

Question 12

Credit

Answer 12

An obligation on the debtor to pay or repay and the time given to do so