Obtains by Deception s240(1)(b) Flashcards
Name the Elements in s240(1)(b)
By any Deception (R v Morley) and (Cameron v R)
Without Claim of Right
Incurs any:
- Debt or Liability
Obtains Credit (Fisher v Raven)
Define Debt
Means owing money to another person. (Must be legally enforceable)
Define Liability
Financial obligation to pay
i.e. - table service at restaurant, pay for bill at the end. (Must be legally enforceable)
Does the debt or liability have to be legally enforceable (yes or no)
Yes. If the contract is void or illegal there will be no offence
What was held in the Case Law ‘Fisher v Raven’?
Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do so. Credit doesn’t extend to an obligation to supply services or goods.
Name three examples of situations where ‘credit’ may be obtained:
- Obtaining money on loan
- Extending exisiting OD’s
- Renting a dwelling
What must be held at the time?
An intention to deceive must exist when the deception takes place.
i.e. to dine & dash. To enter a restaurant, sit at a table, order a meal without any intention of paying for it later
Is credit a intangible thing?
Yes. Credit obtained must be in respect of a monetary obligation.
What was held in R v McKay?
When the credit has been obtained on booking in, but at the time the accused did not possess an intention to deceive (by not paying for the room).
If you were to incur a debt and then be unable to pay through unforeseen circumstances, is loss of money or oversight deception?
No. As there was no intention to deceive at the time.
When a payment is withheld due to general dissatisfaction with the service is this deception?
No the intent to deceive does not exist because of genuine dissatisfaction with the service.
Define what credit is:
It must be obtained and given to the defendant personally.
