Definitions Flashcards
Intent
Intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.
Obtain
Obtain - Section 217 Crimes Act 1961
In relation to any person means obtain or retain for him/her self or for any other person.
Property
Property - Section 2, Crimes Act 1961
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.
Service
Service – is not defined (see case law R v CARA)
Pecuniary advantage
Pecuniary advantage - ‘economic or monetary advantage’
Valuable Consideration
Valuable Consideration
Wider than just pecuniary advantage e.g. goods given in exchange for services.
Dishonestly
Dishonestly - 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.
Claim of Right
Claim of Right - Section 2 Crimes Act 1961
In relation to any act, means a 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 that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Takes
Takes – Section 219(4) Crimes Act 1961
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Document
Document - Section 217 Crimes Act 1961
Includes part of a document in any form, and includes:
- Paper/material containing anything that can be read
- Photos, negatives and related items
- Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced
Uses
Uses
“Use” can include a single action such as the handing over of a document to it’s intended recipient or the continuing use of a document.
Attempts to use
Attempts – Section 72, Crimes Act 1961
Everyone who, having an attempt to commit an offence does or omits an act for the purpose of accomplishing his object, is guilty of an offence to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
Deception
Deception - Section 240(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
(i) Knows that it is false in a material particular or
(ii) Is reckless as to whether it is false in a material particular
False Representation
False Representation
must be false and the defendant must know or believe that it is false in a material particular , or
be reckless whether it is false
Absolute certainty is not required and willful blindness as to the falsity of the statement will suffice
Intent to Deceive
Intent to Deceive
Offender must know representation is false and intend other person to act upon it as genuine.
Claim of Right
Claim of Right – Section 2 Crimes Act 1961
In relation to any act, means a 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 that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Valuable Consideration
Valuable consideration has a wider scope than pecuniary advantage; goods given in payment for service
Value
Value
Value must be established to determine max penalty.
Possession
Possession
May be actual or constructive.
Actual Possession
Actual Possession
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.
Constructive possession
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Incur
Incurred
To incur, bring upon oneself.
Debt
Debt
Money owing from one person to another.
Liability
Liability
Legally enforceable financial obligation to pay, such as the cost of a meal.
Credit
Not defined (see FISHER v RAVEN & R v MCKAY)
