Definitions

Question 1

Dishonestly

Answer 1

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

Question 2

Without Claim of Right

Answer 2

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 matter of law other than the enactment against which the offence is alleged to have been committed

Question 3

Obtain

Answer 3

Obtain in relation to any person means obtain or retain from himself or herself or for any other person

Question 4

Intent to obtain

Answer 4

Must intend to obtain and must intent to obtain by the deception

Question 5

Property

Answer 5

Property includes any 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, any other right or interest

Question 6

Service

Answer 6

Service is limited to financial or economic value and excludes privileges or benefits

Question 7

Pecuniary Advantage

Answer 7

Anything that enhances the accused’s financial position. it is that enhancement which constitutes the element of advantage (Hayes v R)

Question 8

Valuable Consideration

Answer 8

Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short money or moneys worth
EG;
- monetary payment in return for goods or services
- good given in return for services provided
- issuing a false invoice to receive payment for goods never supplied

Question 9

Document

Answer 9

Essentially a document is a thing which provides evidence or information or serves as a record.

CA Def:
Document means a document , or part of a document, in any from and includes, without limitation -

a) any paper or other material used for writing or printing that is marked with matter capable of being read
b) any photograph or any photographic negative, plate, slide, film or microfilm, or any photostatic negative
c) any disc, tape, wire, sound track, card or other material or device in or on which information, sounds, or other data are recorded, stored (whether temporarily or permanently) or embodied so as to be capable with or without the aid of some other equipment of being reproduced
d) any material by means of which information is supplied, whether directly or by means of any equipment to any device used for recording or storing or processing information
e) any material derived whether directly or be means of any equipment from information recorded or stored or processed by any device used for recording or storing or processing information

Question 10

Attempts

Answer 10

Intention to commit and offence
Does or omits an act for the purpose of offence
Sufficiently proximate

Question 11

Deception

Answer 11

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 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 used with intent to deceive any person

Question 12

Takes

Answer 12

For tangible property theft is committed by a taking when the offender moves the property or causes it to be moved

Question 13

Uses

Answer 13

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

Question 14

Representation

Answer 14

Representations about past or present fact, about a future event, or about an existing opinion, belief, knowledge or other state of mind

It must be capable of being false so it must contain a proposition of fact

Question 15

Ownership

Answer 15

Legal right to property

Question 16

Control

Answer 16

To control something means to exercise authoritative or dominating influence or command over it.

Question 17

Possession

Answer 17

Physical “actual” or “potential” custody or control and knowledge and intention to possess the item

Question 18

Debt

Answer 18

money owed by one person to another

Question 19

Credit

Answer 19

The obligation on the debtor to pay or repay and the time given for them to do so by the creditor

Question 20

Induces

Answer 20

To persuade, bring about or give rise to

Question 21

Causes

Answer 21

Defendant may “cause” through arranging for the necessary actions by another person or by the use of a computer program or other device, which will alter conceal destroy

The defendant or an act of the defendant must be the substantial and operative cause of the delivery, execution ect, of any document capable of deriving peculiar advantage.

The accused must cause the loss

Question 22

Deliver over, execute, make, accept, endorse, destroy, alter

Answer 22

Deliver - surrender up someone or something

Execute - put a course of action into effect

Endorse - write or sign on a document

Alter - to change in character or composition (typically in a comparatively small but significant way)

Accept - receive something

Question 23

Thing

Answer 23

A broad and encompassing concept. Must be tangible. The thing must be capable of being used to derive a pecuniary advantage

Question 24

Loss

Answer 24

In most cases will involve financial detriment to the victim.
Loss caused by deception must be in the nature of DIRECT loss.

Question 25

Person

Answer 25

Legislation provides a wide definition of the term person that incorporates not only real people but also companies and other organisations

Question 26

Access

Answer 26

In relation to any computer system means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

Requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass

Question 27

Computer System

Answer 27

(a) means
(i) a computer
(ii) 2 or more interconnected computers
(iii) any communication links between computers or remote terminals or another device
(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other devices AND

(b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities and stored data

Question 28

Material Particular

Answer 28

A matter will be a material particular if it is something important or something that matters

Question 29

Omission

Answer 29

An omission is an inaction, i.e not acting. It can be a conscious decision not to do something or not giving thought to the matter at all

Question 30

Device, Trick or Stratagem

Answer 30

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

Question 31

Authorisation

Answer 31

includes an authorisation conferred on a person by or under an enactment or a rule of law or by an order of a court of judicial process

Question 32

Alteration

Answer 32

Changed in some manner

Question 33

Conceal

Answer 33

Hiding of a document, detail of it’s existence, with holding of it in the car of a positive duty to produce it

Question 34

Destroy

Answer 34

End the existence of

Question 35

Reproduction

Answer 35

Producing a copy or representation of, or made in imitation

Question 36

Privilege or Benefit

Answer 36

A special right or advantage

Examples

• using another persons gym membership card
• access to medical services
• withdrawal of an assault charge
• a reduction in sentence for an offence

Question 37

Liability

Answer 37

a legally enforceable financial obligation to pay