Definitions

Question 1

Obtain

Answer 1

Means to obtain or retain for himself or for any person

Question 2

Property

Answer 2

includes real and personal property

Question 3

Service

Answer 3

R v Cara ‘service is limited to financial or economic value and excludes privilege or benefits.

Question 4

Pecuniary Advantage -

Answer 4

Hayes v R (Pecuniary advantage)- Anything that enhances the accused’s financial position, it is that enhancement which constitutes the element of advantage.

Question 5

Valuable Consideration

Answer 5

Hayes V R (Valuable consideration) - Anything capable of being a valuable consideration, money or other kind, in short money or money’s worth

Question 6

Dishonestly

Answer 6

In relation to an act done Without express or implied consent from the person entitled to give such consent

Question 7

Claim of Right

Answer 7

means a possessory or proprietary belief in a right to the property in question at the time of the offence.

Question 8

DOCUMENT

Answer 8

Def S217 CA61

Means a document, part of a document in any form and includes
Paper or material for writing
Photographs
Disc tape or device which information is stored.
Any Material which information is supplied, directly or via a device
Any material derived directly or by equipment from information stored on a device used for storing information

R v Misic - also defines a document
Essentially a document is a thing which provides evidence or information or serves as a record.

Question 9

USES OR ATTEMPTS TO USE

Answer 9

Use can include a single action such as handing over a document to its intended recipient or continuing use

Question 10

DECEPTION DEFINED S240(2)

Answer 10

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

An omission to disclose a material particularly with intent to deceive any person in circumstances where there is a duty to disclose it.

A Fraudulent device trick or stratagem used with intent to deceive any person.

Question 11

Representation

Answer 11

Not defined, examples include a representation about a past or present fact, about a future event or an existing intention opinion belief knowledge or state of mind
Simester and brookbanks suggests: it must be capable of being false so it must contain a proposition of fact

Question 12

False representation

Answer 12

Must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of statement will suffice
Falsity of representation must be proved.

Question 13

Device

Answer 13

plan, scheme or trick

Question 14

Trick

Answer 14

Action or scheme undertaken to fool, outwit or deceive

Question 15

Stratagem

Answer 15

Cunning plan or scheme especially for deceiving an enemy or trickery.

Question 16

Privilege

Answer 16

Mean a special right or advantage

Question 17

DEBT

Answer 17

Means money owing from a person to another

Question 18

LIABILITY

Answer 18

means a legally enforceable financial obligation to pay

Question 19

Credit

Answer 19

Refers to the obligation on the debtor to pay or repay and the time given for them to do so.

Question 20

Induces

Answer 20

Means to persuade, bring about or give rise to

Simester and Brookbanks Suggest the scope of inducement is very wide.

Question 21

DELIVER OVER

Answer 21

Is to surrender up someone or something

Question 22

Execute

Answer 22

Is to put a course of action into effect

Question 23

Endorse

Answer 23

Is to write or sign a document

Question 24

Alter

Answer 24

Is to change in character or composition

Question 25

Accept

Answer 25

Is to receive something

Question 26

Thing

Answer 26

Broad and encompassing concept, but must be tangible and capable of conferring a pecuniary advantage.

Question 27

LOSS

Answer 27

Financial detriment to the victim
Loss caused by deception must be in the nature of a direct loss, indirect loss and loss of anticipated future earnings are not included.

Question 28

TITLE

Answer 28

Defined as
A right or claim to the ownership of property
A legal right to the property

Question 29

Alteration

Answer 29

changed in some manner

Question 30

Conceal

Answer 30

Actually hiding, denial of its existence, withholding of it when obliged to produce

Question 31

Destruction

Answer 31

To end the existence of

Question 32

Reproduction

Answer 32

Producing a copy or representation or imitation

Question 33

Access (computer)

Answer 33

In relation to any computer system means instruct, communicate with store data, receive data or otherwise make use of a computer system

Question 34

Authorisation

Answer 34

Refers to authorisation conferred on a person by enactment or law

Question 35

Computer system means

Answer 35

A computer
2 or more interconnected computers
Any communication links between computers or to remote terminals or another device
2 or more interconnected computers combined with communication links

Question 36

deception

Answer 36

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.