Definitions Flashcards
Deception Defined
Section 240(2) Crimes Act
(a) 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 is is false in a material particular, or
(ii) 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, or
(c) A fraudulent device, trick or stratagem used with intent to deceive any person.
Claim of Right Defined
Section 2 Crimes Act 1961
In relation to any act, means a belief at the time of the act of a proprietary or possessory right on property in relation to which the offence is alleged to have been committed,
Although that belief may by based on ignorance or mistake of fact of any matter of law other than the enactment against which the offence is alleged to have been committed.
Property Defined
Section 2 Crimes Act 1961
Property includes real and personal property and any estate or interest in any real or personal property, money, electricity, and any other debt and any thing in action and any other right or interest.
Dishonestly Defined
Section 217 Crimes Act 1961
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Obtains Defined
Section 217 Crimes Act 1961
To obtain or retain for himself or herself or any other person.