Deception - DEFINED

Question 1

240(2) Meaning of Deception

Answer 1

240(2) Crimes Act 1961
a) A false representation, whether oral, or by conduct, where the person making the representation intends to deceive any other person and,
(i) Knows that it is false in a material particular, or
(ii) Is reckless as to whether it is false in a material particular, or
b) An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is duty to disclose it, or
c) A fraudulent device, trick or stragagem used with intent to deceive any person.

Question 2

Representation

Answer 2

Examples have inuded representations about a past or present fact, or future event, or about an existing intention, opinion, belief, knowledge or other state of mind.
It must be capable of being false so it must contain a proposition of fact.

Question 3

False Representation

Answer 3

Must be false, defendant must know or believe that it is false in a material particular, or be reckless whether it is false.
Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

Question 4

False representation - What must be proved?

Answer 4

The falsity of the representation must be proved.
Carlos v R - more than one false representation, it was directed that each misrepresentation should be included in a separate count.

Question 5

Deception - What is required to be proved? (3 Things)

Answer 5

• That there was an intent to deceive
• That there was a representation by the defendant
• That the representation was false, and that the defendant either,
  Knew it to be false in a material particular OR,
  Was reckless whether it was false in a material particular.

Question 6

Case law for Intention to deceive

Answer 6

R v Morley

Question 7

Deception - no offence unless…

Answer 7

The false statement (representation) (240(2)(a)), non-disclosure (240(2)(b)), or trick etc (240(2)(c)) is made or used by the defendant for the purpose of deceiving their victim, or in the knowledge that the victim is virtually certain to be deceived.

Question 8

Intention to deceive cannot include what?

Answer 8

Being reckless.

Reckless in 240(2)(a) only relates to whether a representation is false in a material particular

Question 9

Caselaw for recklessness

Answer 9

Cameron v R

Question 10

Four ways a representation can be made?

Answer 10

Oral, documentary, conduct, or by any combination thereof.