Published 31 May 2019
Reserved decision — obtained possession of property by deception — obtained pecuniary advantage — proven beyond reasonable doubt — Crimes Act 1961 s 240. The defendant was charged under s 240 of the Crimes Act for obtaining possession of property, a pecuniary advantage, by deception and without claim of right. In order to prove the charge, the prosecution had to establish that the defendant obtained the property and that it was obtained by deception and without claim of right. The allegation was that the defendant had taken approximately $15,000 from the complainant, a man who suffered from dementia prior to his death. The defendant argued that it was a loan. However, after reviewing the evidence and the witness testimony, the Judge found that the charge was proven beyond a reasonable doubt. Judgment Date: 1 February 2019.
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