Notes

Question 1

Section 228(1) CA 1961 everyone is liable to imp for 7 years who:

Answer 1

A) Dishonestly and without claim of right, takes or obtains any document
B) Dishonestly and without claim of right, uses or attempts to use a document

Question 2

S219(4) CA 1961 define takes

Answer 2

For tangible property theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 3

Define s240(2) Deception means:

Answer 3

A) a false representation whether oral, documentary or by conduct where the person intends to deceive
I) knows it is false
Ii) is reckless as to whether it is false

Question 4

False representation define:

Answer 4

The representation must be false and the defendant must know it is false or be reckless to it being false (absolute certainty is not required and wilful blindness will suffce

Question 5

To prove deception you must:

Answer 5

1. Prove intent to deceive
2. Prove a misrepresentation by the defendant
3. That the representation was false and the defendant knew it to be false or was reckless

Question 6

Define s240(1)(a) Otaining by deception

Answer 6

1) everyone is guilty who obtains by deception or causing loss by deception
(a) obtains ownership or possession of or control over any property or any privilege, service, pecuniary advantage, benefit or valuable consideration

Question 7

Define s240(1)(b) Otaining by deception

Answer 7

1) everyone is guilty who obtains by deception or causing loss by deception
(b) incurring any debt or liability

Question 8

Define s240(1)(d) Otaining by deception

Answer 8

1) everyone is guilty who obtains by deception or causing loss by deception
(d) cause loss to any person

Question 9

Define avoidable title

Answer 9

A title obtained by deception, fraud, duress or misrepresentation is called voidable title

Question 10

What is necessary to avoid title?

Answer 10

• communication with the offender
• taking all possible steps to bring it to the offenders notice; text, letter, phone call
• By advising the police the goods were obtained by fraud.

Question 11

Define credit

Answer 11

Refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor.