Criminal Liabilities - Definitions

Question 1

Dishonesty

Answer 1

Done without belief in consent or authority from a person entitled to give consent or authority.

R v Hayes - Whether belief was actual held, not if belief was unreasonable

Question 2

Without Claim of Right

Answer 2

A belief at the time of the act
a possessory or propriety right to the property
in relation to the alleged offence being committed
a belief based on ignorance or mistake
of fact/any matter of fact other than the enactment
against which the alleged offence to have been committed.

Question 3

Takes

Answer 3

Theft is committed by taking when the offender moves or causes the property to be moved.

Ownership, possession or control over, with or without consent of the owner

Question 4

Obtains

Answer 4

Obtain or retain for himself, herself or any other person.

Question 5

Any Document

Answer 5

R v Misic
Thing which provides evidence or information or serves as a record.

Any Document
Any document, part document, audio, visual, any material that can be read or understood.

Question 6

With intent to Obtain any

Answer 6

Intent to commit the act, intent to get the result.

R v Morely
Purposeful intent at the time the deception is practised.

Question 7

Property

Answer 7

Real or personal property, any interest in real or personal property, any debt, anything in action, any other rates or interest

Question 8

Priviledge

Answer 8

Special right or advantage

Question 9

Service

Answer 9

R v Cara
Financial or economic value, excluding privilege or benefit.

Question 10

Pecuniary Advantage

Answer 10

R v Hayes
Anything that enhances the accused’s financial position.

Question 11

Valuable Consideration

Answer 11

R v Hayes
Money or Monies Worth

Question 12

Benefit

Answer 12

Special right or advantage

Question 13

Uses

Answer 13

Single action or continuous use

Question 14

Attempts

Answer 14

R v Hayes
Unsuccessful use of a document is as much as an attempt as a successful one.

Question 15

By Any Deception

Answer 15

False Representation either by oral, documentation or by conduct where the person making the representation intends to deceive

R v Morley
Purposeful intent at the time the deception is practiced.

Question 16

Obtains Ownership

Answer 16

Goods under control, don’t have too physically have them.

Question 17

Possession

Answer 17

R v Cox
For possession there are two elements, physical and mental. They physical is having custody and control over it and the mental is having the knowledge and the intention to maintain possession.

Question 18

Control

Answer 18

Power of directing or commanding. Do not need to possess it.

Question 19

Any Debt

Answer 19

Money owing from one person to another.

Simester and Brookbanks
Debt of Liability must be legally enforceable, IF it is illegal or void then there is no offence.

Question 20

Liability

Answer 20

Legally enforceable financial obligations.

Simester and Brookbanks
Debt of Liability must be legally enforceable, IF it is illegal or void then there is no offence.

Question 21

Obtains Credit

Answer 21

Obtains
Obligation to pay or repay at the time received. Must be legally enforceable.

Credit
Intangible, must relate to monetary obligations

Fisher v Raven
Credit refers to the obligation on the debtor to pay or repay and the time given to do so by the creditor. Does not extend to an obligation to supply goods or services.

Question 22

Cause Loss to Any Person

Answer 22

Loss - Financial Detriment

R v Morely
Loss must have been caused by deception. Only has to play a part.

Any Person.
Prosecution must prove:
- Loss caused by deception
- Loss would occur

Someone other than the Defendant.