Deception - definitions

Question 1

Obtain

Answer 1

Crimes Act 1961, Section 217
Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person.

The inclusion of the word “obtain” results in this section extending to situations where a defendant has obtained the property through either legitimate consent or dishonestly obtained consent and later retains that property.

Question 2

Property

Answer 2

Crimes Act 1961, Section 2
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

Question 3

Dishonestly

Answer 3

Crimes Act 1961, Section 217
Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 4

Claim of right

Answer 4

Crimes Act 1961, Section 2
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 against which the offence is alleged to have been committed

Question 5

Takes

Answer 5

Crimes Act 1961, Section 219(4)

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

Question 6

Document

Answer 6

Crimes Act 1961, Section 217
Document means a document, or part of a document, in any form; and includes, without limitation,—
(a) any paper or other material used for writing or printing that is marked with matter capable of being read; or
(b) any photograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative; or
(c) any disc, tape, wire, sound track, card, or other material or device in or on which information, sounds, or other data are recorded, stored (whether temporarily or permanently), or embodied so as to be capable, with or without the aid of some other equipment, of being reproduced; or
(d) any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information; or
(e) any material derived, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information

Question 7

Deception

Answer 7

Crimes Act 1961, Section 240(2)
In this section, deception means—
(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; or
(ii) is reckless as to whether it is false in a material particular; or