Definitions Flashcards
Dishonestly definition?
In relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent or authority from a person entitled to give such consent or authority.
Without claim of right definition?
A belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alledged to have been committed.
The four elements of claim of right are?
- belief in a proprietary or possessory right in the property.
- must be in relation to the property to which the offence has been committed.
- the belief must be held at the time of the offence.
- the belief must be actually held, however need not be reasonable.
Obtain definition?
- means to obtain or retain for him or herself or for any other person.
Occurs when the goods come under the offenders control, even though they may not have physical possession of them.
Eg- posting a check the “obtaining” is complete at the time of posting.
Valuable consideration definition?
Anything capable of being a valuable consideration, whether of a monetary kind or of any other kind, in short money or moneys worth- Hayes V R
Eg, monetary payments in return for goods, goods given in return of service, issuing a false invoice to receive payments for goods never supplied.
Property definition?
Includes any real or person property, and any estate or interest in any real or personal property, money electricity, and any debt and anything in action, and any other right or interest. (Section 2 crimes act 1961)
Taking definition?
When the offender moves the property or causes it to be moved.
A document definition as defined in section 217 crimes act 1961?
-Any paper or material marked with matter capable of being read.
- any photograph
- any disk or tape, sound track, or device that information is recorded.
- any material by means of which information is supplied
- any material derived from information stored or possessed on any device.
Deception Definition, Section 240(2) crime act 1961?
A false representation, whether oral or documentary or by conduct, where the person making the representation intends to deceive any other person and;
1- knows that it is false
2 - is reckless as to whether it is false.
Includes an omission to disclose a material particular when there is a duty to do so and a fraudulent device, trick or stratagem used with intent to deceive any person.
Definition of Representation?
Not directly defined however include representation of past or present facts or events, intention, option, belief.
It must be capable of being false, so it must contain a preposition of fact.
Definition of intent-
A deliberate act the the aim to get a specific result
Definition of recklessness?
A deliberate taking of an unjustified risk.
Definition of Knowledge
Knowing or correctly believing. The defendant may believe something wrongly, but cannot “know” something that is false.
Definitions of device, trick and stranger?
Device - a plan, scheme or trick
Trick - an action or scheme undertaken to fool, outwit or deceive
Stratagem - a cunning plan or scheme for deceiving an enemy.
Underlying each term are the concepts of deceit or dishonesty.
Privilege or benefit definition?
Not limited to a pecuniary nature, both these words mean “special right or advantage”.
Eg- using another persons gym membership.
- accessing medical services
- the withdrawal of an assault charge
- a reduction in sentence for an offence.
Definition of ownership?
Ownership is synonymous with the concept of Title. When buying goods for example the selling not only relinquishes possession but also the legal right of ownership (title).
Definition of possession?
Two elements, the physical custody or control over the item, whether actual or potential and the mental element the knowledge the person possesses the item and an intention to possess the item.
Defining job of control?
To control means to exercise authority or dominating influence or command over the thing.
A Defendant does not need to be physically possess the thing to be in control over it. Ie could be through an agent ect.
Definition of Debt or Liability?
Debt - money owning from one person to another, must be legally enforceable.
Liability- legally enforceable financial obligation to pay, such as the cost of a meal.
Definition of credit?
The obligation on the debtor to pay or repay money owed.
Eg obtaining money for a loan, extending an overdraft, renting a dwelling, eating a meal at a restaurant, getting a hair cut.
Definition of induces?
To persuade, bring about or give rise to.
Title definition?
A right or claim to the ownership of property.
False document definition?
Section 255 crimes act 1961:
A document of which the material whole or part purports to be made by a person who did not make it, authorise it or by a fictitious person.
A document which material wholly or partly has been altered.
A document that is a reproduction that purports to be made by a person who did not make it, authorise it or by a fictitious person.
(The document must lie about itself)
You can make a false documents by making altercations to genuine documents in the following ways:
- additions
- insertions
- deletions
- obliterations
- erasures
- removal of material or otherwise
Access in relation to a computer system means?
Section 248 crimes act 1961:
Means instruct, communicate with, store data in, receive data from, or otherwise make use of the resources of the computer system.
