228(1)(a) + (b) Definitions And Case Law Flashcards
With intent to obtain
Intend to obtain and intend by deception.
Obtain means to obtain or retain for themselves or any other person.
Property
Property means any real or personal property, and any estate, or any interest in any real or personal property, money, electricity, debt, anything in action or any right or interest.
Service
R v Cara
Service is limited to financial and economic value and excludes provides or benefits.
Pecuniary advantage
Hayes v R
A pecuniary advantage is anything that enhances the accused’s financial position. It is this enhancement that constitutes the element of advantage.
Valuable consideration
Hayes v R
Anything capable of being a valuable consideration, money or moneys worth.
Dishonestly
An act or omission done without a belief that there was consent or authority from a person entitled to give such consent or authority.
Hayes v R
The question is whether the belief was actually held not whether the belief was reasonable. However reasonableness may be relevant on the issue of whether that belief was actually held.
Without claim of right
No belief in a proprietary or possessory right to the property.
Takes
Theft is committed by a taking, when the offender moves property or causes it to be moved.
Obtains
To obtain or retain for themselves or any other person.
Any document
A document or part of a document in any form.
R v Misc
A document is a thing which provides evidence, information or serves as a record.
Uses
Includes singular use or continuous use.
Hayes v R
An unsuccessful use is just as much a use as a successful one. An unsuccessful use must not be mistaken as an attempted one. The concept of attempt refers to the use not the ultimate obtaining of a pecuniary advantage.
Attempts
Everyone who having an intent to commit an offence does or omits an act for the purposes of accomplishing their object is guilty of an attempt, whether or not it was possible in the circumstances.
