Deception 2

Question 1

what are the elements for s240(1)(c) obtains or causes loss by deception

Answer 1

by any deception

without claim of right

induces or causes any other person to

deliver over
OR
execute
OR
make
OR
accept
OR
endorse
OR
destroy
OR
alter

any document or thing capable of being used to derive pecuniary advantage

Question 2

what is induce

Answer 2

to persuade, bring about or give rise

Question 3

what are the two things required to prove inducement

Answer 3

false representation was believed

consequence of that belief the victim parted with his/her money

Question 4

explain R v Laverty

Answer 4

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 5

what is deliver over

Answer 5

surrender up

Question 6

what is execute

Answer 6

put a course of action into effect

Question 7

what is endorse

Answer 7

write or sign a document

Question 8

what is alter

Answer 8

change in character or composition

Question 9

what is accept

Answer 9

to receive something

Question 10

what must a thing be in relation to 240(1)(c)

Answer 10

tangible

Question 11

what is claim of right

Answer 11

a belief at the time of the act in a proprietary or
possessory right in property in relation to the offence, can be based on mistake or ignorance

Question 12

what is s240(1)(d) and its elements

Answer 12

causing loss by deception

by any deception

without claim of right

causes loss to any other person

Question 13

what is loss

Answer 13

financial detriment to the victim

Question 14

what type of loss is not included in deception

Answer 14

indirect - expectation loss (loss of bargain) or loss of anticipated profits