Definitions

Question 1

Obtain

Answer 1

Obtain or retain for himself or herself or for any other person.

Question 2

Property

Answer 2

Real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.

Question 3

Service

Answer 3

Service is limited to financial or economic value and excludes privileges or benefits

Question 4

Valuable consideration

Answer 4

Anything capable of being valuable consideration, whether of a monetary kind or of any other kind. Money or money’s worth.

Question 5

Dishonestly

Answer 5

Without a belief that there was express or implied consent to, or authority for, the act or omission, from a person entitled to give such consent or authority.

Question 6

Claim of right

Answer 6

Belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake.

Question 7

Takes

Answer 7

Moves the property or causes it to be moved.

Question 8

Deception

Answer 8

(a) A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and
- knows that it is false in a material particular or
- is reckless as to whether it is false in a material particular OR
(b) An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it OR
(c) A fraudulent device, trick or stratagem used with intent to deceive any person.

Question 9

False representation

Answer 9

Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

Question 10

Device

Answer 10

Plan, scheme or trick

Question 11

Trick

Answer 11

An action or scheme undertaken to fool, outwit or deceive

Question 12

Stratagem

Answer 12

A cunning plan or scheme especially for deceiving an enemy, or trickery

Question 13

Attempts - section 72

Answer 13

Having an intent to commit an offence, does of omits an act for the purpose of accomplishing his object, is guilty of an attempt whether it was possible in the circumstances to commit the offence or not. Act or omission must be immediately or proximately connected with the intended offence.

Question 14

Privilege or benefit

Answer 14

A special right or advantage

Question 15

Special interest

Answer 15

It is sufficient if the person from whom the goods were taken has some special property or interest in the goods without having actual ownership of them.

Question 16

Ownership

Answer 16

Synonymous with the concept of title.

Question 17

Control over

Answer 17

To exercise authoritative or dominating influence or command over it.

Question 18

Pecuniary advantage

Answer 18

Economic or monetary advantage

Question 19

Debt

Answer 19

Money owing from one person to another. Must be legally enforceable.

Question 20

Liability

Answer 20

A legally enforceable financial obligation to pay, such as the cost of a meal.

Question 21

Induces

Answer 21

To persuade, bring about or give rise to.

Question 22

Causes

Answer 22

The defendant or an act of the defendant must be the substantial and operative cause of the delivery etc

Question 23

Deliver over

Answer 23

Surrender up someone or something

Question 24

Execute

Answer 24

Put a course of action into effect

Question 25

Endorse

Answer 25

To write or sign on a document

Question 26

Alter

Answer 26

Change in character or composition, typical in a comparatively small but significant way

Question 27

Accept

Answer 27

To receive something

Question 28

Loss

Answer 28

Financial detriment assessed by the extent to which the complainants position has been diminished or impaired.

Question 29

Any other person

Answer 29

Includes real people, companies and organisations.