Day 11: Deception definitions

Question 1

Obtain:

Answer 1

Means to obtain or retain for himself.

Question 2

Property:

Answer 2

Includes real and personal property and any estate or interest in any real or personal property, money, electricity, debt.

Question 3

Pecuniary Advantage:

Answer 3

Anything the enhances the accused financial position.

(discount)

Question 4

Valuable consideration:

Answer 4

Wider scope than pecuniary advantage

Fake CV, ongoing valuable consideration

Question 5

Dishonestly:

Answer 5

An act done without belief that there was consent or authority.

Question 6

Claim of right:

Answer 6

A proprietary right to the property

Question 7

Document:

Answer 7

A document includes any “item” that provides evidence of information or serves as a record.

Question 8

Deception defined as per Section 240 (2):

Answer 8

• A false representation
  either oral, documentary
  or by conduct where
  person intends to deceive
  and
• knows it to be false
  -reckless as to whether it is false
• An omission to disclose material
• A fraudulent device

Question 9

Service:

Answer 9

Limited to financial or economic value (nannying)

Question 10

Takes:

Answer 10

Taking is not specifically defined by statute.

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 11

Uses:

Answer 11

Single action or continuing use

Question 12

Privilege:

Answer 12

Special right or advantage

Question 13

Credit:

Answer 13

Intangible, must relate to monetary obligation.

Question 14

Liability:

Answer 14

Legally enforceable financial obligation