Obtaining Property by Deception Flashcards
(14 cards)
Section 240(1)(a) Obtaining by deception or causing loss by deception
1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right
a) obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly
What is a “privilege” or “benefit” and give some examples
The words “privilege” or “benefit” are not limited to a pecuniary nature. Both mean a ‘special right or advantage’
- Using another persons gym membership
- Access to medical services
- The withdrawal of an assault charge
- Reduction in sentence for an offence
When are goods ‘obtained’ by a defendant? give an example
Goods are ‘obtained’ if the goods come under their control, even though they may not have physical possession of them.
When there is an agreement that the sending of an item (cheque) shall complete a transaction, the ‘obtaining’ is complete at the time of posting.
When is property ‘obtained’?
Property may be ‘obtained’ if a deception made to one person means that the property is then actually obtained from another person, provided that the deception operated on the mind of the person giving up the property
Distinction between theft and obtaining by deception:
In theft the property is obtained without the owners permission and title is not passed on.
Example of possession without having title:
Driving someone else’s car.
A person often holds possession and ownership at the same time. However sometimes someone can possess something without having title.
Example of when title and possession are passed to the offender with intent.
The purchase of goods via Facebook using fake bank transfer. The offender receives both possession and title of the goods.
Explain ‘special interest’
Special property or interest in the goods without having actual ownership of the them.
Example of special interest
Contractor’s lien
Defendant was owner of vehicle at mechanic. Mechanic placed a ‘lien’ over vehicle until payment made for repairs.
Gave him special property interest in vehicle.
Owner took it back under false pretences without paying. Obtained vehicle under false pretences (obtaining by deception).
Definition of control:
Exercise authoritative or dominating influence or command over it.
Does not need to possess something in order to control it.
What does the prosecution need to prove in terms of control:
The prosecution does not need to prove that the accused was in actual possession of the property. It may be sufficient that the accused exercised control over the property through an agent.
Is it sufficient if the dishonestly obtained property was found at the premises of which the defendant had control?
No it is insufficient. It must be proved that the defendant did in fact exercise some control over the particular property.
Define ‘pecuniary advantage’ and give examples:
“Economic or monetary advantage”
- Cash from stolen goods
- Clothing or cash obtained by a credit card
- A discount (by using a student ID)
- Avoiding payment of a debt
What was found in R v Dakers?
Court of Appeal held that where tickets that had been presented to the TAB previously, were presented again by the accused, there was a “use” of the tickets to obtain a pecuniary advantage. The TAB’s system ensured that the money was not paid but this was not due to the characteristics of the tickets themselves. Thus the purpose was unsuccessful but not the “use”.
