Obtains by Deception s240(1)(a)

Question 1

Name the Section/Act/ Elements for Obtains by Deception or Cause Loss by Deception
Hint: (OWNERSHIP)

Answer 1

Section 240(1)(a) C.A. 1961

By Any Deception
Without Claim of Right
Obtains
- Ownership OR
- Possession of OR
- Control over
Any
- Property
- Privilege
- Benefit
- Service
- Valuable Consideration
- Pecuniary Advantage
Directly or Indireclty

Question 2

Define what it means by ‘Any Deception’

Answer 2

Deception means
A. A false representation (either orally, OR documentary OR by conduct) where the person making the representation intends to deceive any other person AND:
i. knows that it is a false material particular OR
ii. was reckless as to whether it is false in a material particular, OR

B. omission to disclose a particular, with the intent to deceive any person, in circumstances where there is a duty to do so, OR

C. A fraudulent device, trick or stratagem used with intent to deceive any person

Question 3

What was found in the Case Law ‘R v Morley’?

Answer 3

Intention to deceive requires purposeful intent at the time the deception is practised.

Question 4

What does it mean by a representation by the defendant? (R v Morley)

Answer 4

A representation must relate to a statement of exisiting fact, rather than a future intention.

Question 5

What was found in the Case Law Cameron v R

Answer 5

Recklessness is established if the defendant recognised that there was a real possibly that:
- His or her actions would bring about the proscribed result, and / or
- The proscribed circumstances existed, and
- Having regard to the risk his or her actions were unreasonable.

Question 6

How else can you prove that a defendant knew a representation was false?

Answer 6

By Knowledge (Simester & Brookbanks - knowing or correctly believing”)

Question 7

How can Knowledge be established?

Answer 7

1. An admission
2. Surrounding Circumstances
3. Propensity Evidence

Question 8

Define Ownership?

Answer 8

Ownership is the concept of title.
i.e.goods are under ones control even if they aren’t in physical possession of them.

Question 9

Define Possession + what is the Case Law associated with this?

Answer 9

R v Cox - Two elements, physical and mental possession. Physical is actual custody/control over the goods even if not physically,
Mental - Is the combination of knowledge and intention to possess the goods.

Question 10

Define Control

Answer 10

Exercise authoritative or dominating influence or command over something. Defendant does not need to possess the item in order to control it.

Question 11

What is Special interest Lien

Answer 11

Example: A mechanic repairs a vehicle, and the owner of the vehicle owes the mechanic money for this. The mechanic had a contractors lien (means he had interest in the vehicle due to incurred debt), when the owner of the car took the vehicle away he had obtained his vehicle back under false pretences.