Obtaining by deception - incurring debt or liability

Question 1

For obtaining by deception and incurring any debt or liability - What is the act, section and penalty?

Answer 1

S240(1)(b) CA61

7 yrs

Question 2

What are the 4 elements?

Answer 2

1- By any deception
2- And without claim of right
3- In incurring any debt OR liability
4- Obtains credit

Question 3

What 5 points need to be covered for Any deception?

Answer 3

1- Deception S240(2) CA61
2- False representation
3- Intent 
4- Intent to deceive
5- R v Morley

Question 4

Explain Claim of right plus section

Answer 4

Claim of right - S2 CA61
- In relation to any act means a belief at the time of the act in a proprietary or possessory right in property in which the alleged offence has been committed. Although that belief maybe based on ignorance or mistake of fact or other act other matter of law other than the enactment against which the alleged offence has been committed.

Question 5

Debt means?

Answer 5

• Money owing from one person to another person

Question 6

Liability means?

Answer 6

• A legally enforceable finical obligation to pay.

Question 7

Credit means?

Answer 7

Credit - Raven & Fisher
- Refers to the obligation on the debtor to pay or repay in the time given to do so. The obligation to pay must be a legally enforceable one.

+

R v McKay
- Credit has been obtained but at the time the accused did not possess an intent to deceive.