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7.5.13.2 - Checklist: Obtaining a Financial Advantage by Deception

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Three elements the prosecution must prove beyond reasonable doubt:

  1. The accused obtained a financial advantage; and
  2. The accused obtained that financial advantage by deception; and
  3. The accused obtained the financial advantage dishonestly.

    Obtaining a Financial Advantage

1. Did the accused obtain a financial advantage?

If Yes, then go to 2

If No, then the accused is not guilty
of Obtaining a Financial Advantage by Deception

Deception

2. Did the accused obtain the financial advantage by deception?

2.1 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 2.2

If No, then the accused is not guilty
of Obtaining a Financial Advantage by Deception

2.2 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 2.3

If No, then the accused is not guilty
of Obtaining a Financial Advantage by Deception

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

If Yes, then go to 2.4

If No, then the accused is not guilty
of Obtaining a Financial Advantage by Deception

2.4 Did the accused obtain the financial advantage 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 3

If No, then the accused is not guilty
of Obtaining a Financial Advantage by Deception

Dishonesty

3. Did the accused obtain the financial advantage dishonestly?

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

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

If No, then the accused is not guilty
of Obtaining a Financial Advantage by Deception

 

Last updated: 4 June 2009

See Also

7.5.13 - Obtaining a Financial Advantage By Deception

7.5.13.1 - Charge: Obtaining a Financial Advantage By Deception