Deception - Definitions

Question 1

Dishonestly

Answer 1

• Without a belief that there was express or implied consent for the act from a person entitled to give such consent

Question 2

Claim of Right

Answer 2

• A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence alleged to have been committed
• Although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

Question 3

Takes

Answer 3

• Dishonestly and without claim of right
• Takes any property
• With intent to deprive the owner permanently of that property

Question 4

Obtains

Answer 4

• Obtains or retain for himself or herself or any other person

Question 5

Use

Answer 5

• Can include a single action or the continuing use of a document

Question 6

Document

Answer 6

• Document or part of a document in any form and includes photographs, disc, tape etc

Question 7

Property

Answer 7

• Includes real and person property and any estate or interest in that property

Question 8

Deception

Answer 8

• A false representation where the person intends to deceive any other person and knows it is false or is reckless as to whether it is false

Question 9

Debt

Answer 9

• Money owing from one person to another

Question 10

Liability

Answer 10

• Legally enforceable financial obligation to pay e.g. the cost of a meal

Question 11

Cause Loss

Answer 11

• Prosecution must prove that the loss was caused by deception
• It was reasonably foreseeable more than trivial loss would occur but don’t need to prove it was intentional