Definitions Flashcards
Obtains
Obtain or retain for himself or any other person.
Intent
A deliberate act to get a specific result.
Property
Real and personal property (estate, interest in a thing, money, electricity, debt etc).
Service
A service is limited to financial or economic value (excludes benefits or privileges)
Pecuniary Advantage
Hayes v R - anything that enhances the accused’s financial position.
Valuable Consideration
Monetary kind or any other kind. Money or moneys worth. (Money in exchange for goods and services, goods given in return for services etc).
Dishonestly
An act or omission done without belief that there was consent or authority for the act from the person entitled to give the consent or authority.
Without Claim of Right
Belief at the time of the act in a propriety or possessory right in the property in relation to the offence committed, although that belief may be based on ignorance or mistake.
- Belief in possessory right to the property.
- Belief about the right to the property.
- Belief at the time of the conduct
- Belief held by the defendant. Reasonableness is not necessary.
Document
Paper, photo, disc, tape any material means which information is supplied.
R v Misic
Uses or Attempts to Use
Prosecution must prove:
- the offender used or attempted to use the document
- with intent to obtain the property, service etc.
(Hayes v R)
By Deception
- A false representation whether oral, written etc with the intention to deceive any other person
AND
- they know the material is false or
- are reckless as to whether it is false
- didn’t disclose material and had an intention to deceive
- fraudulent device, trick or stratagem
False representation
You must prove:
- There was an intention to deceive
- Representation by the defendant
- The representation was false
- The defendant knew it was false or was reckless to whether to it was false
Intention to Deceive
No offence is committed unless the false statement, trick etc is used by the defendant for the purpose of deceiving the victim. Reckless also applies - Cameron v R
Representation
Can be oral, document etc - R v Morley
Continuing representation
Entering a restaurant represents and having dinner follows the normal practice of paying for the meal. If the diner decided to avoid payment the continuing representation will become false.
Silence
Label swapping.
Maintaining silence knowing about the mistake and choosing not to make the cashier aware is deception.
Knowledge
The prosecution must prove that the defendant knew the representation was false or was reckless as to its falsity.
Knowledge is established by:
- an admission
- circumstances surrounding the event
- propensity evidence
Omission
Neglect
Fraudulent device
a plan, scheme or trick
Privilege or Benefit
A special right or advantage. A non-monetary advantage
Ownership
Ownership is title.
Possession
A person can have possession but not ownership.
Physical - custody and control over the item
Mental - is knowledge that the person possess the item and intention to possess the item.
Control
Authoritative or dominating influence or command over it. Do not have to possess it in order to control it.
Special Interest
Garage owner interest in a vehicle they are repairing until it has been paid for.
Debt
Money owing from one person to another.
Liability
Legally enforceable financial obligation to pay. E.g. cost of a meal
Credit
- Obligation on the debtor to pay or repay
- Time given for them to do so by the creditor.
- Must be legally enforceable.
- Intention to deceive must exist at the time of the deception
Fisher v Raven
R v McKay
Continuing Representation
During the course of a meal you decide to avoid payment the continuing representation of an intention to pay will become false.
Hire Purchase
Where goods are obtained on hire purchase by false representation the offence is deception.
However if the offender sells the goods the it’s theft by conversion as the offender never receives title.
Induces
To persuade or cause someone to do something.
Proved by a false representation to part with his money. (Trapping someone doesn’t count).
R v Laverty
Deliver Over
To give something.
Execute
To put a course of action into effect.
Endorse
To write or sign on a document.
Alter
To change in character or composition.
Accept
To recieve something
Loss
Direct loss - financial detriment to the victim.
Prove:
D - loss was cause by deception
R - reasonably foreseeable more then trivial loss
I - loss was intentionally caused
P - loss to another person
Person
Person, owner, crown, public body, local authority etc.
A person is generally accepted by judicial notice or proved by circumstantial evidence.
Theft by conversion
Deception is committed where goods are obtained on hire by false representation.
If they on sell then they commit theft by conversion.
Trick
An action or scheme undertaken to fool, outwit or deceive
Stratagem
Plan or scheme especially for deceiving an enemy
