Causes Loss by Deception s240(1)(d)

Question 1

Name the Elements under s240(1)(d)

Answer 1

By any Deception
Without Claim of Right
Causes Loss to any other person

Question 2

Define Loss

Answer 2

Financial detriment to the victim.
Must be ‘direct loss’.

Question 3

What was held in R v Morley in a ‘Loss’ perspective?

Answer 3

The loss alleged by the victim must have been induced by or caused in reliance upon the deception. Only has to play a part.

Question 4

Any other person

Answer 4

Person - Gender neutral. Accepted by circumstantial evidence or judicial notice. i.e. someone other than the defendant.

Question 5

What is required to be proved by the Crown?

Answer 5

• The loss was caused by deception
• It was reasonably foreseeable some more than trivial loss would occur, but
• Do not need to prove intent just that they deceived them to receive financial gain.