23 Apr 2018
R v XU [2018] NZHC 779
- Citation
- [2018] NZHC 779
- Court
- High Court
Section 240(1)(b) is not limited to cases where the defendant personally incurred the debt or liability; read purposively and with the expanded definition of 'obtain' the provision covers obtaining credit for another. The causative link between deception and obtaining credit can be established by circumstantial evidence and need not always be proved by direct evidence from the individual credit decision-maker. Computer-assisted lending decisions did not negate the possibility of deception where human bankers with delegated authority and validation steps were involved. The Crown is not require…