Must knows Flashcards
(21 cards)
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 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 which the offence is alleged to have been committed
Nature of belief required if you have ‘belief in claim of right’ for taking or using a document:
1) Must be a belief in a proprietary or possessory right to the property
2) The belief must be about rights to the “property in relation to which the offence is alleged to have been committed”.
3) Belief must be held at the time of the offence
4) The belief must be held by the defendant. The belief is not required to be reasonable and may be based on ignorance or mistake.
What does Deception mean (a)?
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 a material particular
ii) is reckless as to whether it is false in a material particular
What does Deception mean (b)?
An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it
What does Deception mean (c)?
A fraudulent device, trick, or stratagem used with intent to deceive any person
What is required to be proven for a charge of Deception?
- That there was an intent to deceive
- That there was a representation by the defendant
- That the representation was false; and that the defendant either:
Knew it to be false in a material particular OR
Was reckless whether it was false in a material particular
What does it mean to control something (in relation to obtaining by deception)?
To exercise authoritative influence over something.
The prosecution does not need to prove that the accused was actually in possession of it, it may be said that they exercised control through an agent
What is a pecuniary advantage and give 4 example?
An economic or monetary advantage
- Cash from stolen goods
- Clothing or cash obtained credit card
- A discount (using student ID)
- Avoiding payment of debt
What is a debt and what must it be?
Money owing from one person to another.
Must be legally enforceable
What is a liability?
A legally enforceable financial obligation to pay
What is credit?
Refers to the obligation on the debtor to pay or repay the creditor and the time taken for them to do so.
How would you prove the ‘inducement’ for Section 240(1)(c)?
In practice the victim of the deception is usually questioned to elicit answers to prove:
- that the false presentation was believed
- that is was of consequence to that belief that the victim parted with their money
What is propensity evidence?
Means evidence thats tends to show a persons tendency to act in a particular way or to have a particular state of mind
When assessing the probative value of propensity evidence, the judge may consider the following (give 4 examples)
a) the frequency with which the acts have occurred.
b) the connection in time between the acts
c) the extent of the similarity
d) the number of persons making allegations
What was concluded in R v Sharma?
The ultimate issue is the degree to which the probative value of the evidence outweighs it’s prejudicial effect
What 2 core elements need to be proven for a charge under Section 220 Theft by person in special relationship
1) The person has received property under conditions they know limit what they can do with it or its profits, or require them to follow someone else’s instructions about it.
2) that the defendant intentionally departed from the relevant obligation
Explain the difference between Forgery and Altering or Reproducing a document?
The differences rest in the varying definitions of ‘document’ or ‘intent’
With forgery, an intent to deceive only is required, not an intent to obtain by deception.
Altering, concealing, destroying or reproducing a document you must prove that the offender intended to obtain by deception
Document:
Forgery = A false document
Altering = Any document
Mental element of ‘Altering or Reproducing’ is split in three parts, list:
1) The defendant must know that the document had been altered with intent to deceive
2) The defendant must have intended the use of the document
to obtain property by deception
3) There must be an intention to acquire or retain the property
Define a computer system:
Means
- a computer or
- 2 or more interconnected computers or
- 2 or more interconnected computers combined with any communication link or remote terminals
- any communication links between computers or to remote terminals
What does it mean to access any computer?
- Instruct
- Communicate
- Store or receive data
- Make use of any of the resources
