Obtaining by deception - property, prilivage, pecunary advantage Flashcards
What the is the act, section and penalty relating to obtaining by deception for P,P,P, V
S240(1)(a) CA 61
3months/1/7 years
What the 3 elements
1- By any deception 2- without claim of right 3- Obtains possession of or ownership of or control over any property or privilege or service or pecuniary advantage
What is the definition of deception?
(a) - a false representation whether oral, documentary or by conduct where the person making the representation intends to deceive any other person.
- knows that it is false in a material particular or
- is reckless as to whether it is false in a material particular
(b) - an omission to disclose a material particular with intend to deceive any person, in circumstances where there is a duty to disclose it
or
(c) - a fraudulent, device, trick or stratagem used with intent to deceive.
What must the accused know or believe in relation to a False representation?
False representation
- The accused must know or believe that it is false or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice.
What is the definition of Intent to deceive plus explain the 2 case laws?
Intent to deceive
- Offender must know the representation was false and intended another person to act as it was genuine.
R v Morley
- The intention to device requires that the deception is practised in order to deceive the affected person. A purposeful intent in necessary and must exist at the time of the deception.
R v Laverty
-The prosecution must prove that the loss alleged by the victim must have been induced by or caused in reliance upon the deception.
Claim of right plus section
Claim of right - S2 CA 61
- In relation to any right means a belief at the time of the act in a property 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 any other matter of law other than against which the alleged offence has been committed..
Obtain
Obtain- S217 CA61
- Means to obtain or retain for themselves or some other person
Possession explain the case law?
R v Cox
- Possession involves two elements. First called the physical element is actual or potential physical custody or control. Second described as the mental element is a combination of knowledge and intention., Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
Actual possession?
Arise where the thing in question is in a person physical custody, it is on or about their person or immediately at hand .
Potential possession?
Arise when the thing in question has the potential to be in a persons control. For example storing the thing in question at an associates house or through an agent.
Property?
Property - S2CA61
- Property includes any real or personal property or any estate or any interest in any real or personal property, money, electricity, debt or anything in action or any other right of interest.
Privilege?
privilege or benefit - Special right or advantage
Pecuniary Advantage plus case law?
pecuniary advantages means any economic or monetary advantage.
R v Hayes
- pecuniary advantage is something that enhances the accused finical position. it is that enhancement that constitutes the element of advantage.
Valuable consideration plus case law?
Valuable consideration - R v Hayes
- Valuable consideration is anything capable of being valuable consideration whether of a monetary kind or any other kind. In short money or moneys worth.
What 4 points do you cover for deception?
- Deception S240(2) CA61
- False representation
- Intent
- Intent to deceive + R v Morley and R v Laverty
