Obtaining by deception – false representation (Section 240(1)(b) Crimes Act 1961)

Charge 1: Obtaining by deception (false representation) under section 240(1)(b) of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that Mr Smith obtained a loan in the amount of $100,000 from Credit Finance?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith made a materially false representation to Credit Finance as part of his loan application?
	“Material” means relevant to Credit Finance’s consideration of the application. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew the representation was false or was reckless as to whether it was false?
	“Reckless” means that Mr Smith recognised there was a real possibility that the representation was false and that, having regard to that possibility, Mr Smith’s actions in making the representation were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, when Mr Smith made the false representation to Credit Finance, he intended to deceive Credit Finance?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that the false representation induced Credit Finance to advance the loan to Mr Smith?
	“Induced” means that the false representation persuaded or motivated Credit Finance to give Mr Smith the $100,000 loan. If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that Mr Smith obtained the loan from Credit Finance without claim of right?
	“Claim of right” means Mr Smith had a genuine belief that, at the time of obtaining the loan, he had a lawful right to the loan. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.