Definitions Flashcards
Definition of obtains
In relation to any person, mean obtain or retain for himself or herself or for any other person
What is the definition of property?
Includes any real or personal property, or any interest in any real or personal property
Define Dishonestly
Done without belief in consent from a person with authority.
What is Claim of right?
A belief in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed
Define takes
For tangible property, Theft is committed by a taking when the offender moves the property or causes it to be moved
Define document
Includes part of a document in any form, and includes:
1) Paper/material containing anything that can be read
2) Photos, negatives and related items
3) Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced.
Definition of deception - s240(2), Crimes Act 1961
A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any person and -
(i) knows that it is false in material particular; or
(ii) is reckless as to whether it is false in a material particular; or
An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
A fraudulent device, trick, or stratagem used with intent to deceive any person
Definition of intent
Intent to commit the act to get a specific result
What is debt?
Means money owing from one person to another
What is liability?
Means a legally enforceable financial obligation to pay, such as the cost of a meal
What is loss?
Financial detriment to the victim.
What is “use”?
Single action or continuing use
