Definitions Flashcards
(40 cards)
Intent to obtain
The defendant must intend to obtain and the he or she must intend to obtain by the deception.
Obtain defined
Obtain in relation to any person means obtain or retain for himself, herself or any other person
Property defined
Property includes real and personal property, and any estate or interest in any real or person property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Service defined
Service is limited to financial or economic value, and excludes privileges or benefits.
Pecuniary advantage
Hayes v R
A pecuniary advantage is “anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.”
Valuable consideration
Anything capable of being a valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth.
Example - Items exchanged can be a valuable consideration, a watch etc
Dishonestly
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.
Claim of right
In relation to any act, means a 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 of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Takes
For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved.
Document
Document 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 any 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, sounds, or other data are recorded, stored (whether temporarily or permanently), or embodied so as to be capable, with or without the aid of some 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 or storing or processing information.
Deception
Section 240(2), Crimes Act 1961
(2) In this section deception means -
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in material particular; or
(ii) is reckless as to whether it is false in 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.
Representation
A thing that represents another. A statement made by way of allegation or to convey opinion.
Examples include representations about a past or present fact, about a future event, or about an existing intention, opinion, belief, knowledge or other state of mind.
It must be capable of being false so it must contain a proposition of fact.
False representation
Under current law the representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.
Material particular
An important, essential or relevant detail or item.
A matter will be a material particular if it is something important or something that matters.
Intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
Continuing effect
In many cases a representation by words or conduct may have a continuing effect. For example, entering a restaurant and ordering dinner represents that the diner will follow the normal practice and pay for the meal. If during the course of dinner the diner decides to avoid that payment, the continuing representation will become false, and the obtaining of food will come within s240.
Omission
An omission is inaction. It can either be a conscious decision not to do something or not giving thought to the matter at all.
Device
A plan, scheme or trick
Trick
An action or scheme undertaken to fool, outwit, or deceive
Stratagem
A cunning plan or scheme especially for deceiving an enemy, or trickery.
Privilege or benefit
Are not limited to a privilege or benefit of a pecuniary nature. Both of these words mean a special right or advantage.
E.G:
- Using another person’s gym membership card so that you can use the gym facilities.
- Access to medical services.
- The withdrawal of an assault charge.
- A reduction in sentence for an offence.
Where the benefit or privilege does not involve money, there does not need to be financial loss or injury to the person who has been defrauded.
Control
To control something means to exercise authoritative or dominating influence or command over it.
Ordinary usage and the dictionary definition show that the defendant does not need to possess something in order to control it.
Debt
Means money owing from one person to another.
Liability
Means a legally enforceable financial obligation to pay, such as the cost of a meal.
