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The Deception Offences.
Member rating: No Rating | Words: | Submitted: Mon Dec 22 2003
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The Deception Offences The Common Elements - Part II Theft Act 1968 Theft Act 1978 s.15 - OPD s.1 - OSD s.16 - OPAD s.2 - ELD (s.3 - MoWP ) 3 elements common to all these offences: 1. there must be a deception 2. there must be something obtained as a result of the deception. 3. there must be dishonesty as a separate element to the deception Obtaining There must be a causal link between the deception and the obtaining * if a person lies to obtain money, then it is not an offence of deception if the victim does not believe him but gives money anyway This means that the deception must work on the mind of the victim - if the 'victim' has no mind, then he cannot be deceived. You cannot deceive a machine - Davies v Flackett (1972). * Collis-Smith (1971 CLR 716) - def filled the tank of his car with petrol- falsely stated that his firm would...
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