Deception Defined

Question 1

Definition and Case Law

Deception

Answer 1

Section 240(2)
(a) False representation (oral, documentary or conduct) with intent to deceive any person and:
- Knows it is false or
- Is reckless as to whether it is false or
(b) An omission to disclose material particular, with intent to deceive, when it is their duty to do so or
(c) A fraudulent device, trick or stratagem
and the person is deceived

R v Morley
Intent to deceive must have been practiced. Intent is necessary and exists at the time of deception.

Question 2

Question

What are some examples of intent to deceive for the following:
Orally
Conduct
Documentary

Answer 2

Orally - Claiming to own goods that he has in fact hired.

Conduct - Representing oneself to be a charity collector by carrying a fake bucket.

Documentary - Completing a cheque knowing it has no funds

Question 3

Definition

Representation

Answer 3

Simester and Brookbanks

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

Question 4

Definition and Case Law

False Representation

Answer 4

The representation must be false and the Defendant must know it is false OR is reckless whether it is false.

R v Morley
Representation must relate to a statement of existing fact rather than a statement of future intention.

Question 5

Question

What is required to be proved for Deception?

Answer 5

• There was an intent to deceive
• There was a representation by the Defendant
• The representation was false and the Defendant knew it to be false OR was reckless it was false in a material particular

Question 6

Definition

Silence

Answer 6

Silence is not regarded as a false representation unless an incorrect understanding is implied and they fail to correct it.

Question 7

Question

How can knowledge be established for Deception?

KNOWING it to be false in material particular

Answer 7

• An Admission
• Surrounding Circumstances
• Propensity Evidence

Question 8

Definition

Omission

Answer 8

Not acting - Can be a conscious decision or not giving it any thought.

Question 9

Definition

Duty to Disclose

Answer 9

An obligation to disclose material particular (Something Important). Must be accompanied by an intent to decieve.

Question 10

Definition

Fraudulent
Device
Trick
Stratagem

Answer 10

Fraudulent - Dishonest in the traditional sense
Device - A ‘Plan, scheme or trick’
Trick - An action to fool, outwit or deceive
Stratagem - A plan or scheme for deceiving an enemy or trickery