Definitions

Question 1

Define: Loss

Answer 1

Financial detriment

Question 2

Define: Claim of right

Answer 2

Belief at the time by the defendant, that they had a possessory or propriety right to the property in question, even if belief is based on ignorance or mistake.
Doesn’t have to be correct.

Question 3

Define: Dishonesty

Answer 3

An act, or omission of an act done, without consent/authority by a person who is not entitled to give it.

Question 4

Define: Pecuniary advantage

Answer 4

Anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.
Hayes v R

Question 5

Define: Valuable consideration

Answer 5

Anything capable of being valuable consideration whether it monetary or value or not. Money for moneys worth.
Hayes v R

Question 6

Define: Uses or attempts to use

Answer 6

An unsuccessful use of a document is as much as a successful use. Whether you have the intended outcome or not, you still have used it.
Was it sufficiently proximate.
Hayes v R

Question 7

Define: Document (Short definition)

Answer 7

A thing which provides evidence, information or serves as a record.
R v Misic

Question 8

Define: Continuing effect

Answer 8

Representation or words or actions that may have a continuing act.

Question 9

Define: Obtain

Answer 9

In relation to any person, means to obtain or retain for himself, herself or any other person.

Question 10

Define: Property

Answer 10

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

Question 11

Define: Service

Answer 11

Service is limited to financial or economic value and excludes privileges or benefits. R v Cara

Question 12

Define: Taking

Answer 12

Moves the property or causes it to be moved.

Question 13

Define: Document. (Full definition)

Answer 13

Means a document, or part of a document, in any form, and includes,
a) Any paper or other material used for writing or printing that is marked with matter capable of being read, or
b) Any photograph, or photographic negative, film or slide, or
c) Any disc, tape, wire, sound track, or device which sound or information is recorded, or stored, so as to be reproduced, or,
d) Any material by means of which information is supplied to any device, used for recording or storing or processing information, or,
e) Any material derived from that device.

Question 14

Attempts Legislation

Answer 14

Section 72 Crimes Act 1961
(1)
Anyone,
Having an intent to commit an offence,
Does or omits an act,
For the purpose of accomplishing his objective.
Is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 15

Define: intent.

Answer 15

Intent to commit the act, and intention to get a specific result.

Question 16

Define: Knowledge

Answer 16

Knowing or correctly believing. The defendant may belive something wrongly, but cannot know something that is false.

Question 17

Define: Possession

Answer 17

Two separate elements of possession.

Physical element.
Actual or potential physical custody or control.

Mental element.
Combination of knowledge and intention.

Question 18

Define: Reckless

Answer 18

Conscious and deliberate taking of an unjustified risk.