Definitions Flashcards
Obtain
Means to obtain or retain for himself or for any person
Property
includes real and personal property
Service
R v Cara ‘service is limited to financial or economic value and excludes privilege or benefits.
Pecuniary Advantage -
Hayes v R (Pecuniary advantage)- Anything that enhances the accused’s financial position, it is that enhancement which constitutes the element of advantage.
Valuable Consideration
Hayes V R (Valuable consideration) - Anything capable of being a valuable consideration, money or other kind, in short money or money’s worth
Dishonestly
In relation to an act done Without express or implied consent from the person entitled to give such consent
Claim of Right
means a possessory or proprietary belief in a right to the property in question at the time of the offence.
DOCUMENT
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.
USES OR ATTEMPTS TO USE
Use can include a single action such as handing over a document to its intended recipient or continuing use
DECEPTION DEFINED S240(2)
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.
Representation
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
False representation
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.
Device
plan, scheme or trick
Trick
Action or scheme undertaken to fool, outwit or deceive
Stratagem
Cunning plan or scheme especially for deceiving an enemy or trickery.
Privilege
Mean a special right or advantage
DEBT
Means money owing from a person to another
LIABILITY
means a legally enforceable financial obligation to pay
Credit
Refers to the obligation on the debtor to pay or repay and the time given for them to do so.
Induces
Means to persuade, bring about or give rise to
Simester and Brookbanks Suggest the scope of inducement is very wide.
DELIVER OVER
Is to surrender up someone or something
Execute
Is to put a course of action into effect
Endorse
Is to write or sign a document
Alter
Is to change in character or composition
Accept
Is to receive something
Thing
Broad and encompassing concept, but must be tangible and capable of conferring a pecuniary advantage.
LOSS
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.
TITLE
Defined as
A right or claim to the ownership of property
A legal right to the property
Alteration
changed in some manner
Conceal
Actually hiding, denial of its existence, withholding of it when obliged to produce
Destruction
To end the existence of
Reproduction
Producing a copy or representation or imitation
Access (computer)
In relation to any computer system means instruct, communicate with store data, receive data or otherwise make use of a computer system
Authorisation
Refers to authorisation conferred on a person by enactment or law
Computer system means
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
deception
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.
