Definitions Flashcards
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
Without 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 matter of law other than the enactment against which the offence is alleged to have been committed
Obtain
Obtain in relation to any person means obtain or retain from himself or herself or for any other person
Intent to obtain
Must intend to obtain and must intent to obtain by the deception
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 any thing in action, any other right or interest
Service
Service is limited to financial or economic value and excludes privileges or benefits
Pecuniary Advantage
Anything that enhances the accused’s financial position. it is that enhancement which constitutes the element of advantage (Hayes v R)
Valuable Consideration
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
Document
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
Attempts
Intention to commit and offence
Does or omits an act for the purpose of offence
Sufficiently proximate
Deception
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
Takes
For tangible property theft is committed by a taking when the offender moves the property or causes it to be moved
Uses
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
Representation
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
Ownership
Legal right to property
Control
To control something means to exercise authoritative or dominating influence or command over it.
Possession
Physical “actual” or “potential” custody or control and knowledge and intention to possess the item
Debt
money owed by one person to another
Credit
The obligation on the debtor to pay or repay and the time given for them to do so by the creditor
Induces
To persuade, bring about or give rise to
Causes
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
Deliver over, execute, make, accept, endorse, destroy, alter
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
Thing
A broad and encompassing concept. Must be tangible. The thing must be capable of being used to derive a pecuniary advantage
Loss
In most cases will involve financial detriment to the victim.
Loss caused by deception must be in the nature of DIRECT loss.
Person
Legislation provides a wide definition of the term person that incorporates not only real people but also companies and other organisations
Access
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
Computer System
(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
Material Particular
A matter will be a material particular if it is something important or something that matters
Omission
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
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
Authorisation
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
Alteration
Changed in some manner
Conceal
Hiding of a document, detail of it’s existence, with holding of it in the car of a positive duty to produce it
Destroy
End the existence of
Reproduction
Producing a copy or representation of, or made in imitation
Privilege or Benefit
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
Liability
a legally enforceable financial obligation to pay