Obtains by deception - property

Question 1

Obtains by deception - property section

Answer 1

s240(1)(a) CA 1961

Question 2

Obtains by deception elements

Answer 2

without claim of right

obtains

ownership OR possession of OR control over

any property OR any privilege, service, pecuniary advantage, or benefit, or valuable consideration

Question 3

Definiton of deception

Answer 3

as per s240(20 CA 1961
Deception means:
a) a false representation whether oral, documentary, or by conduct where the person making the representation intends to deceive any other person and -
- knows that is false in material particular or
- is reckless as to whether it is false in material particular

b) an omission to disclose a material particular, with intent to deceive anyone
c) a fraudulent device, trick, or strategem

Question 4

Representation

Answer 4

not defined.

examples include representations about a past or present fact, a future event, or about an existing intention, opinion, belief, knowledge, or other state of mind.

Question 5

Simester and Brookbanks say that a representation must be what?

Answer 5

It must be capable of being false so it must contain a proposition of fact

Question 6

False representation, what does the defendant need to believe

Answer 6

must be false

defendant must know or believe that it is false in material particular, or be reckless as to whether it was false

Question 7

What must you prove for obtains by deception property

Answer 7

1. there was intent to deceive
2. there was a representation by the defendant
3. the representation was false, and the defendant either;
   a) knew it to be false in material particular OR
   b) was reckless whether it was false in material particular

Question 8

R v Morley intent to decieve

Answer 8

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent in necessary and must exist at the time of the deception

Question 9

R v Morley representation by the defendant

Answer 9

Representations must relate to a statement of existing fact, rather than a statement of future intention.

Question 10

Continuing effect

Answer 10

Representation by words or conduct may have a continuing effect (eg restaurant example)

Question 11

Silence

Answer 11

As a general rule silence or non disclosure will not be regarded as a representation, but there are exceptions eg an incorrect understanding is implied form a course of dealing and defendant failed to negate or correct the understanding

Question 12

Defendant knowledge

Answer 12

Prosecution must prove that the defendant knew the representation was false in material particular or was reckless to its falsity absolute certainty is not required.

Question 13

R v Crooks defendant knowledge

Answer 13

Accused may also be liable if their conduct amounted to wilful blindness

Question 14

Material particular definition

Answer 14

a matter will be a material particular if it is something important or something that matters

Question 15

Device definiton

Answer 15

a plan, scheme, trick

Question 16

trick definition

Answer 16

an action or scheme undertaken to fool, outwit, or deceive

Question 17

stratagem definition

Answer 17

a cunning plan or scheme especially for deceiving an enemy, or trickery