Causing Loss By Deception

Question 1

Obtaining by deception or causing loss by deception (d)

Answer 1

240(1)(d) Crimes Act 1961
By any deception,
W.O.C.R
Causes loss
To any other person

Question 2

Define: Loss

Answer 2

Financial detriment to the victim.

Question 3

Loss must be what?

Answer 3

Must be a direct loss, not trivial. Indirect losses such as loss of a bargain or future profits are not included.

Question 4

Loss caselaw

Answer 4

(Loss)
Loss should be assessed by the extent to which the complainants’ position before the deception had been diminished or impaired.
R v Morley

Question 5

In 240(1)(d) is there a requirement that the person deceived, be the person who suffers the loss?

Answer 5

No

Question 6

Where the loss is more in nature of a benefit than property, what might the preferred charge be?

Answer 6

240(1)(a) - Obtaining property etc by deception

Question 7

To any other ‘Person’ - Loss

Answer 7

Real people - proved by judicial notice and accepted by circumstantial evidence, AND (Wider definition)
Owner, Crown, Public Body or Local Authority, or Company.

Question 8

Loss - what is required to be proved? Caselaw

Answer 8

R v Morley
Prosecution must prove that:
- the loss was caused by deception
- it was reasonably foreseeable some, more than trivial loss would occur, but
- need not prove the loss was intentionally caused.