Deception Module - Definitions Flashcards
What is the definition of obtain?
In relation to any person, means obtain or retain for himself or herself or for any other person.
What is the definition of property?
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.
What is the definition of service?
“Service is limited to financial or economic value and excludes privileges or benefits” (R v Cara)
What is the definition of pecuniary advantage?
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.” (Hayes v R)
This basically means ‘economic or monetary advantage’.
What is the definition of valuable consideration?
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth” (Hayes v R)
What is the definition of dishonestly?
In relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
What is the definition of 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.
What is the definition of taking?
For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved.
What is the definition of document?
Document means a document, or part of a document, in any form; and includes,
(a) any paper of other material used for writing or printing that is capable of being read; or
(b) any photograph; or
(c) any material or device in which information, sounds, or other data are recorded, stored, or embodied so as to be capable of being reproduced; or
(d) any material by means of which information is supplied to any device used for recording or storing or processing information; or
(e) any material derived from information recorded or stored or processed by any device used for recording or storing or processing information
What is the definition of a false document?
Means a document -
- that has been made by or on behalf of a person who did not make it or authorise its making, or on behalf of a fictitious person
- that has been altered by or on behalf of a person who did not alter it or authorise its alteration, or on behalf of a fictitious person
- a reproduction of any other document
- made in the name of a person with the intention that it should pass as being made by some other person
Essentially, a false document must lie about itself or intend to convey a lie.
What is the definition of attempts?
(1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence
What is the definition of deception?
(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
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person
What is the definition of representation?
Examples have included representations about a past or present fact, about a future event, or about an existing intention, opinion, belief, knowledge or other state of mind.
What is the definition of intent?
There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
What is the definition of material particular?
An important, essential or relevant detail or item. “A matter will be a ‘material particular’ if it is something important or something matters.” (R v Mallett)
What is the definition of omission?
An omission is inaction i.e. not acting. It can either be a conscious decision not to do something or not giving thought to the matter at all.
