Definitions Flashcards
(20 cards)
Define: Loss
Financial detriment
Define: Claim of right
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.
Define: Dishonestly
In relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Define: Pecuniary advantage
Anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.
Hayes v R
Define: Valuable consideration
Anything capable of being valuable consideration whether it monetary or value or not. Money for moneys worth.
Hayes v R
Define: Uses or attempts to use
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
Define: Document (Short definition)
A thing which provides evidence, information or serves as a record.
R v Misic
Define: Continuing effect
Representation or words or actions that may have a continuing act.
Define: Obtain
In relation to any person, means to obtain or retain for himself, herself or any other person.
Define: Property
Real and personal property, and estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.
Tangible or intangible.
Define: Service
Service is limited to financial or economic value and excludes privileges or benefits. R v Cara
Define: Taking
Moves the property or causes it to be moved.
Define: Document. (Full definition) 217 interpretation
Means a document, or part of a document, in any form, and includes, without limitation, -
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, plate, slide, film, or microfilm, or any photostatic negative, or
c) Any disc, tape, wire, sound track, card, or other material or device in or on which information, sound or other data are recorded, stored, (temporary or permanent) or embodied so as to be capable, with or without the aid of other equipment, of being reproduced, or,
d) Any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information, or,
e) Any material derived, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording, storing or processing information.
The message contained in a document must mean the same as the spoken word to everyone able to read it. Can be in lettering or code.
Attempts Legislation
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 attempt to commit the offence intended, whether possible to commit the offence or not.
Define: intent.
Intent to commit the act, and intention to get a specific result.
Define: Knowledge
Knowing or correctly believing. The defendant may belive something wrongly, but cannot know something that is false.
Define: Possession
Two separate elements of possession.
Physical element.
Actual or potential physical custody or control.
Mental element.
Combination of knowledge and intention.
(R x Cox)
Define: Reckless
Conscious and deliberate taking of an unjustified risk.
Define: Bank note
Any negotiable instrument used or intended for use as currency and issued by the reserve bank of NZ, or other countries.
Special interest - possession
It is sufficient if the person from whom the goods were obtained, had some special interest in the goods without having actual ownership of them.
