Fraud Flashcards
(22 cards)
Define ‘obtain’:
Obtain in relation to any person, means obtain or retain for himself or for any other person
(to acquire)
Define ‘property’:
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, any debt, and any other right or interest
Define ‘service’ and what is it limited to?
Service is not defined in Crimes Act.
Service is limited to financial or economic value and excludes privileges or benefits.
Explain what occurred in R v Hayes and what her argument was.
Received ACC after a neck injury, continued to submit medical certificates over 8 year period when she was running 2 companies.
Argument was that she honestly believed her declarations regarding her capacity to work related only to her PRE accident job of being a teacher.
What is a valuable consideration?
A pecuniary advantage can amount to a favourable consideration when it involves a monetary advantage; however, the scope of a valuable consideration is wider than a pecuniary advantage
What was found in R v Hayes regarding valuable consideration?
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or moneys worth”
3 examples of a valuable consideration:
- money payment in return for goods or services
- goods given in return for services provided
- issuing a false invoice to receive payment for goods never supplied
Define dishonestly
In relation to an act or omission, means done without a belief that there was expressed or implied consent or authority for the act from a person entitled to give such consent or authority
The definition of dishonesty was discussed in Hayes v R. What did the Supreme Court note?
“the objective facts of a particular case may mean that the jury can infer that the defendant had a dishonest mind unless he can raise reasonable doubt on the basis of a relevant but mistaken belief”
What belief can be raised in relation to dishonesty? (R v Hayes)
- That the act was, expressly or impliedly, consented to by a person entitled to give consent or
- That the act or omission was authorised by a person entitled to authorise it.
Define claim of right verbatim
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 which the offence is alleged to have been committed
Explain “belief in a proprietary or possessory right”
A belief that relates to an element of ownership of the property in question.
Property may include intangible property
Explain the nature of the belief required relating to Section 228(1) taking a document: (1) claim of right
Must be a belief in a proprietary or possessory right to the property
Explain the nature of the belief required relating to Section 228(1) taking a document: (3) claim of right
The belief must be held at the time of the conduct alleged to constitute the offence.
Explain the nature of the belief required relating to Section 228(1) taking a document: (4) claim of right
The belief must be held by the defendant. The belief is not required to be reasonable and may be based on ignorance or mistake.
Define ‘taking’:
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Ownership, possession or control may be directly or indirectly obtained. Includes coming into possession with or without, the consent of the owner
Definition of document (a)
a) Any paper or other material used for writing or printing that is marked with matter capable of being read
Definition of document (b)
b) any photograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative
Definition of document (c)
c) any disc, tape, wire, sound track, card or device in which information, sounds, or other data are recorded
Definition of document (d)
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
Definition of document (e)
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
Explain the nature of he belief required relating to Section 228(1) taking a document: (2)
The belief must be about rights to the “property in relation to which the offence is alleged to have been committed”.
