Definitions Flashcards
Define Obtain?
Obtain in relation to any person means to obtain or retain for himself or herself or for any other person.
Define Property?
Property includes any real and personal 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.
Define Dishonestly?
Dishonestly in relation to an act or omission, means done or omitted 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.
Define Claim of Right?
Claim of right 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 other matter of law other than the enactment against which the offence is alleged to have been committed.
Define Document?
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record.
Define Deception?
240(2) Deception
In this section, deception means-
(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.
(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.
(c) A fraudulent device, trick, or stratagem use with intent to deceive any person.
Define Representation?
This is not defined, examples have included representations about a past or present fact, about a future event or about an existing intention, opinion, belief, knowledge, or other state of mind. Simester Brookbanks, suggest that “it must be capable of being false so it must contain proposition of fact”.
Define Material Particular?
Material particular is not defined in the Crimes Act and can be given its usual meaning of an important, essential or relevant detail or item. In R v Mallet it was held that “a matter will be a matter particular if it is something important or something that matters”.
Define Omission?
Omission is not defined in the Crimes Act. An Omission is inaction, ie, not acting. It can either be a conscious decision not to do something or not giving thought to the matter at all.
Define Device, Trick or Stratagem?
Device: A “plan, scheme or trick”
Trick: An action or scheme undertaken to fool, outwit or deceive.
Stratagem: A cunning plan or scheme especially for deceiving an enemy, or trickery.
Define valuable consideration?
In Hayes v R the court found that a valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short money or moneys worth.
Define Privilege?
Define Pecuniary advantage?
The words 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’.
Pecuniary advantage basically means ‘economic or monetary advantage’. (Includes discounts)
Define Debt?
Define Liability?
Define Credit?
‘Debt’ means money owing from one person to another.
‘Liability’ means a legally enforceable financial obligation to pay, such as the cosy of a meal.
‘Credit’ refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.
Define Induces?
The oxford dictionary definition is “to persuade, bring about or give rise to”
Simester and Brokbanks suggests the scope of the induced conduct is very wide. Another person (who need not be the immediate victim of the deception) must be induced or caused to do any of “deliver over, execute, make, accept, endorse, destory or alter” the document or thing.
Define Deliver over?
Define Execute?
Define Endorse?
Define Alter?
Define Accept?
To DELIVER OVER, is to surrender up someone or something.
To EXECUTE, is to put a course of action into effect.
ENDORSE is to write or sign on a document
To ALTER, is to change in character or composition, typically in a comparatively small but significant way.
To ACCEPT, is to receive something.
