Definitions Flashcards
Representation
Representations can be made orally, by documents or by conduct. A thing that represents another
Forgery
Making a false document with the intention of using it to obtain any property, pecuniary advantage, privilege, service, benefit or valuable consideration or knowing it to be false, with the intent that it in any way be used or acted upon, whether in NZ or elsewhere, as genuine
Access
Means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system. Requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass. Not required to be physically present.
Computer system
Also widely defined to include all related input, output, processing, storage, software or communication facilities and stored data. Can encompass one computer or a network of computers or a computer connected to the internet with the potential of connecting to millions of networked 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
Conceal
Police v Boyd
A) the actual hiding of a document
B) the denial of its existence
C) the withholding of it in the face of a positive duty to produce it
Material alteration
An alteration is a material alteration if it increases the value or negotiability of a document or instrument
False document
Essentially a false document must lie about itself or intend to convey a lie in cases where it has been written by someone intending to pass it off as having been written by someone else
Voidable title
A title obtained by deception, fraud, duress or misrepresentation. This means that the title can be voided by the seller.
Propensity evidence
Evidence that tends to show a person’s propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved
Credit
Refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor
Liability
A legally enforceable financial obligation to pay, such as the cost of a meal.
Must be legally enforceable
Debt
Money owed from one person to another.
Must be legally enforceable
Pecuniary advantage
Economic or monetary advantage
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
Material particular
An important, essential or relevant detail or item
R v Mallett - a matter will be a material particular if it is something important or something that matters
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
Dishonestly
In relation to any 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
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
Valuable consideration
Anything capable of being valuable consideration whether of a monetary kind or if any other kind; in short money or money’s worth
