Deception Flashcards
R V Hayes
Pecuniary
A pecuniary advantage is a anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage
R V Hayes
Valuable consideration
A valuable consideration is anything capable of be valuable consideration, whether of a monetary kind or of any other kind. In short money or money’s
R V Misic
A Document
Essentially a document is a thing which provides evidence or information or serves as a record
Sections of taking or using a document
Sec 228(1)(a)(b), CA 1961
With intent to obtain any property, service, pecuniary advantage or valuable consideration
A) Dishonestly and without claim of right takes or obtains any document; OR
B) Dishonestly and without claim of right uses or attempts to use any document.
What is “TAKES” defined in Section 219(4)
For a tangible property, theft is committed by taking when the offender moves the property or causes it to be moved.
What is “OBTAIN” defined in Section 217, CA 1961
In relation to any person, means obtain or retain for himself or herself or for any other person
Define “PROPERTY” Sec 2, 1961
Includes real and personal property and any estate or interest in any property money electricity and any debt and any thing of interest
Define “DISHONESTLY”, Sec 217, CA 1961
Means done or omitted without belief that there was expressed or implied consent or authority for the act or omission from the owner giving consent.
Section for taking or obtaining and using or attempting to use a document
Sec 228(1)(a), CA 1961 - Taking or Obtaining a document.
Section 228(1)(b), CA 1961 - Using or Attempting to use a document
Document is define as
A document , or part of a document, in any form; and includes; Written material, photos orrecorded of storage device
R V Hayes
Unsuccessful
An unsuccessful use of a document is as much use as a successful one.
Define “TITLE” in the Crimes Act 1961
A right or claim to the ownership of property.
