Definitions Flashcards
Obtain
Means obtain or retain for himself, herself or any other person
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.
Service
Service is limited to financial or economic value, and excludes privileges or benefits.
Pecuniary Advantage
Anything that enhances the accused financial position . It’s that enhancement which constitutes the element of advantage. Hayes v R.
Valuable Consideration
Anything capable of being valuable consideration, whether of a monetary kind or any other kind. In short, money or moneys worth. Hayes v R.
Dishonesty
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.
Claim of Right
belief at the time of the act in a right to the 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
Document
Essentially a document is a thing which provides evidence or information or serves as a record. R v Misic.
Deception
a) A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and
- knows that it is false in a material particular or
- 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.
Intent
In a criminal law context 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.
Material Particular
An important, essential or relevant detail or item. A matter will be a material particular if it is something important or something that matters.
Device
A plan, scheme or trick.
Trick
An action or scheme undertaken to fool, outwit, or deceive.
Stratagem
A cunning plan or scheme especially for deceiving an enemy, or trickery.
Debt
Debt means money owing from one person to another.
Liability
Liability means a legally enforceable financial obligation to pay, such as the cost of a meal.
Loss
Is likely to include financial and property losses and may also encompass emotional, cultural and intellectual losses.
Access
In relation to any computer system, means instruct,
communicate with,
store data in, receive data from, or
otherwise make use of any of the resources of the computer system.
Authorisation
For the purposes of offences involving computers, authorisation includes an authorisation conferred on a person by or under an enactment or a rule of law, or by an order of a court or judicial process.
Computer System
means:
- a computer; or 2 or more interconnected computers; or
- any communication links between computers or to remote terminals or another device; or
- 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and all parts and related input, output, processing, storage, software, or communication facilities, and stored data.
Benefit
Special right or advantage
Credit
Refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor. The obligation to pay must be legally enforceable. Fisher v Raven.
Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Define privilege
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