Definitions Flashcards
Obtaining
In relation to any person, means otain or retain for himself or herself or for any other person.
Intent to obtain
He/she must intend to obtain by deception.
Intent = deliberate act, to get a specific result.
Property
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Dishonestly
Without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Without claim of right
Belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although the belief may be based on ignorance or mistake.
Takes
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Obtain
Or retain for themselves or another.
Has permission to use but misuses it the way it was allowed to by the lawful owner.
Uses or attempts to use
The prosecution must prove that the offender used or attempted to use the document with the intent to obtain the property, service, valuable consideration, or percuniary advantage
Document
a) paper or other material used for writing or printing.
b) any photograph, negative, film, etc.
c) any disc, tape, wire, sound track on which information, sounds and other data are recorded.
d) any material by means of which information supplied or any equipment/device used to tecord, store or process information.
e) any material derived from information recorded, stored or processed.
Deception
a) a false representation, whether oral, documentary, or by conduct, whether the person intends of deceiving any other person and -
i) knows that it is false in a material particular.
ii) is reckless as to whether it is false in a material particular.
b) any omission to disclose a material particular, with intent to deceive any person.
c) any fraudulent device, trick, or stratagem used with intent to deceive any person.
Knowledge
Simester and Brookbank
Knowing means “knowledge or correctly believing”. The defendant may believe something wrongly but cannot ‘know’ something that is false.
Recklessness
Provides that a person can act with deception where he or she has been reckless as to whether the facts they are offering are true or not.
Acting ‘recklessly’ involves consciously and deliberately taking an unjustifiable risk.
Device, Trick, or Stratagem defined
Device: a plan, scheme or tick
Trick: an action or scheme undertaken to fool, outwit, or deceive
Stratagem: a cunning plan or scheme especially for deceiving an enemy, or trickery
Privilege or benefit
Are not limited to a privilege or benefit of a pecuniary nature. Both of these words mean a special right or advantage.
Ownership
Is synonymous with the concept of title.
Debt or liability incurred
Debt - mean money owing from one of another.
Liability - means a legally enforceable financial obligation to pay, such as the cost of a meal.
Loss
The loss caused by deception must be in the nature of the direct loss.
