Definitions Flashcards
Property
Defined under S2 Crimes Act 1961 -
Property includes any real and personal property.
Obtain
Obtain or retain for himself or any other person
Service
Service is limited to financial or economic value and excludes privileges or benefits.
Valuable Consideration
Anything capable of being a valuable consideration, monetary or any other kind.
Dishonestly
Done or omitted without a brief that there was express or implied consent or authority.
Without claim of right
Belief at the time of the act in a proprietary or possessory right in the property.
Taking
When the offender moves the property or causes it to be moved.
Document
A document, or part of a document in any form that includes any paper or other material used for writing or printing that is marked with matter capable of being read.
Representation
It must be capable of being false so must contain a proposition of fact.
False representation
The representation must be false and the defendant must know or believe that it is false in a material particular or be reckless whether is it false. Absolute certainty is not required and willful blindness as to falsity of the statement will suffice.
Deception meaning - S240(2) Crimes Act 1961
A) 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.
B) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it
C) a fraudulent device, trick or strategy used with intent to deceive any person.
Intent
To commit the act and and get a specific result.
Possession
Possession involves two elements, the mental and the physical.
Control
Exercise authoritative or dominating influence or command over it.
Pecuniary advantage
Economic or monetary advantage.
Debt
Money owing from one person to another.
Liability
A legally enforceable financial obligation to pay.
Induces
To persuade, bring about or give rise to.
Proof of the inducement
The inducement should be proved whenever possible by direct evidence from the person alleged to have been defrauded.
Deliver over
Surrender up someone or something
Execute
Put a course of action into effect.
Endorse
Write or sign on a document.
Alter
Change in character or composition.
Accept
To receive something.
Thing
Something that is tangible.
Person
Not only real people but companies and other organizations.
Propensity Rule - S40 Evidence Act 2006
A) means evidence that tends to show a persons 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 but
B) does not include evidence of an act or omission that is - 1 of the elements of the offence for which the person is being tried or the cause of action in the proceeding in question.
Propensity evidence offered by prosecution about defendants - S43 Evidence Act 2006
1) The prosecution may offer propensity evidence about a defendant in a criminal proceeding only if the evidence has a probate value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant.
2) when assessing the probative value of propensity evidence, the judge must take into account the nature of the issue in dispute.
