Deception Definitions Flashcards
Obtain
In relation to any person, means obtain or retain for him or himself or for any other person
Property
Includes real and personal property, and any estate or interest in any estate or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.
Service
Service is limited to financial or economic value, and excludes privileges or benefits.
Eg. Using a stolen credit card to pay for a haircut
Pecuniary advantage
(use or attempt to use case law)
Hayes v R
A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Valuable consideration
(Case law)
Hayes v R
A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or moneys worth.
E.g using fake CV to get a job
Dishonestly
Done without belief and consent from a person with authority.
Claim of right
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.
Takes
Theft is committed by a taking when the offender moves the property or causes it to be moved
Uses or attempts to use (case law)
Hayes v R
An unsuccessful use of a document is as much use as a successful one. The concept of attempt relates to the USE, not to the obtaining of a pecuniary advantage.
It may be difficult to draw a clear line between use and attempted use.
Document (case law)
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record.
- any paper or material used for writing or printing.
- Any photograph
- any disc what device on which information can be stored.
- Any recording device for storing data
Intent
And act or omission must be done deliberately. It must be more than involuntary or accidental.
