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7.5.12.2 - Checklist: Obtaining Property by Deception

Click here to obtain a Word version of this document for adaptation.

 

Four elements the prosecution must prove beyond reasonable doubt:

  1. The accused obtained property belonging to another; and
  2. The accused did so with the intention of permanently depriving the other of that property; and
  3. The accused obtained the property by deception; and
  4. The accused obtained the property dishonestly.

 

Obtaining Property Belonging to Another

1. Did the accused obtain property that belonged to another person?

Consider - Did the accused obtain ownership, possession or control of property belonging to another person?

If Yes, then go to 2

If No, then the accused is not guilty
of Obtaining Property by Deception

Intention to Permanently Deprive

2. Did the accused intend to permanently deprive another person of that property?

Consider - Did the accused intend that the owner would never get the property back?

If Yes, then go to 3

If No, then the accused is not guilty
of Obtaining Property by Deception

Deception

3. Did the accused obtain the property by deception?

3.1 Did the accused make a false representation?

Consider – Did the accused make the representation alleged by the prosecution. Was that representation false when it was made?

If Yes, then go to 3.2

If No, then the accused is not guilty
of Obtaining Property by Deception

3.2 At the time of making the representation, did the accused know that the representation was false, or that it was probably false?

If Yes, then go to 3.3

If No, then the accused is not guilty
of Obtaining Property by Deception

3.3 Did the accused intend that the false representation would be acted upon?

If Yes, then go to 3.4

If No, then the accused is not guilty
of Obtaining Property by Deception

3.4 Did the accused obtain the property as a result of making the false representation?

Consider – Did the false representation cause a relevant person to give the accused ownership, possession or control of the property?

If Yes, then go to 4

If No, then the accused is not guilty
of Obtaining Property by Deception

Dishonesty

4. Did the accused obtain the property dishonestly?

Consider – Has the prosecution proved that the accused did not believe that he/she had a legal right to obtain the property?

If Yes, then the accused is guilty of Obtaining Property by Deception
(as long as you also answered Yes to Questions 1, 2 and 3)

If No, then the accused is not guilty
of Obtaining Property by Deception

Last updated: 4 June 2009

See Also

7.5.12 - Obtaining Property By Deception

7.5.12.1 - Charge: Obtaining Property by Deception