Obtaining Credit By Deception Flashcards
(14 cards)
Obtaining by deception or causing loss by deception (b)
240(1)(b) Crimes Act 1961
By any deception
W.O.C.R
In occurring any debt, or, liability
Obtains credit
Debt or liability must be…
Legally enforceable.
Define: Debt
Money owing from one person to another.
Define: Liability
A legally enforceable financial obligation to pay, such as the cost of a meal.
Define: Credit
Refers to a legally enforceable obligation on the debtor to pay or repay, and the time given to them by the creditor.
Credit does not extend to an obligation to supply services or goods.
Fisher v Raven
Debt or liability, when is there no offence?
When there is a contract that is void or illegal.
Credit - Time to pay.
Credit may involve varying periods of time. Over lengthy periods, eg a loan, or within minutes eg a haircut or meal.
At the end of the period of credit payment is expected to be made.
Gaining credit in itself is not unlawful unless….
It is accompanied by an intent to deceive.
Intent at the time of deception caselaw
R v McKay
(Intent at the time of deception)
On appeal it was held that the credit had been obtained on booking in but at that time the accused did not possess an intent to deceive.
Deception, what must you prove?
Intent to deceive at the time of deception.
Credit is what?
An intangible thing, must be in respect of a monetary obligation.
(If non-monetary benefit, then 240(1)(a) could be appropriate)
Two examples of obtaining credit.
- Meal without any intention to pay.
- Customer wrongly ID’d and given credit, if aware of mistake and accept credit with no intention to pay it back.
Delay or non-payment of debt, inability to pay after genuine intention, or payment withheld due to dissatisfaction is not….
An intent to deceive.
Hire purchase is deception if…
Goods are obtained on hire purchase by a false representation.
