Definitions Flashcards
Deception
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; 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.
false repsentation
Can be communicated by writing, conduct or demeanour.
document
a document or part of a document in any form
includes
paper with marking on it
photograph
receipt
disc
false document
a document that lies about itself and is intended to be taken as genuine.
obtain
obtain or retain for himself or another
property
the real and person property, tangible and intangible and includes any interest in any real or personal property
representation
a thing that represent another. Can be made orally, documents or by conduct.
dishonestly
an act or ommisssion done or ommitted without a belief there was express or implied consent to, or authority for, the act or omission from a person entitle to give such consent / authority.
Material particular
an important, essential or relevant detail or item. Something important and something that matters.
Service
financial or economic value and excludes privileges or benefits
Pecuniary advantage
Hayes v R - anything that enhances the financial position of the accused