Obtaining by Deception - Altering Documents Flashcards
(13 cards)
Section 240(1)(c) Obtained by Deception
- By any deception
- Without claim of right
- induces or causes any other person to
- deliver over, execute, make, accept, endorse, destroy, or alter
- any document or thing
- capable of being used to derive a pecuniary advantage
Definition of ‘induce’
To persuade, bring about or give rise to
Explain the scope of the induced conduct in 240(1)(c)
Simmester and Brookbands suggests the scope of the induced conduct is very wide. Another person (need not be immediate victim) must be induced or caused to do any of “deliver over, execute, make, accept, endorse, destroy, or alter” the document.
Explain ‘proving’ the inducement:
Proved by direct evidence from the person alleged to have been defrauded.
Answers from victim proving:
- false representation was believed
- it was consequence of the belief that the victim parted with his money
What was the circumstances in R v Granger? and what was held?
Sold a second-hand motor vehicle, misrepresentation made to its year and mileage.
It was held that in the absence of direct evidence, a reasonable inference can be drawn in certain circumstances that the owner was induced by the representation to part with money
Is it still obtained by deception if the person doesn’t believe the particular false representation but still parts with his property?
Give an example
No, if it is not believed by the person to whom it is made but they still part with the property as a consequence, it cannot be said that the property was obtained by deception.
Example: The owner parts wth his property solely as a means of trapping the person who made the false representation
Explain the ‘cause’ in relation to the offence of ‘Obtaining by deception - altering document’
The accused must cause the loss
Define ‘deliver over’
To surrender up someone or something
Define ‘execute’
To put a course of action into effect
Define ‘endorse’
To write or sign on a document
Define ‘alter’
To change in character or composition, typically in a comparatively small but significant way
Define ‘accept’
To receive something
How does Simmester and Brookbanks define a ‘thing’?
The “thing” must be tangible.
The thing must be capable of being used to derive a pecuniary advantage
