Obtaining by deception (Omission) (Section 240(1)(b) Crimes Act 1961)

Charge 1: Obtaining by deception (omission to disclose material particular) under s 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 did not disclose to Credit Finance a material particular 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, in the circumstances, Mr Smith had a duty to disclose to Credit Finance the material particular?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, in not disclosing to Credit Finance the material particular, Mr Smith intended to deceive Credit Finance?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith’s failure to disclose the material particular caused Credit Finance to advance the loan to Mr Smith?
	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.