Definitions

Question 1

Intent to obtain

Answer 1

The defendant must intend to obtain and he or she must intend to obtain by the deception.

Question 2

Obtain

Answer 2

In relation to any person, means obtain or retain for himself or herself or for any other person.

Question 3

Property

Answer 3

Property 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.

Question 4

Service

Answer 4

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

Question 5

Pecuniary Advantage

Answer 5

A pecuniary advantage is “anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage”. (Hayes v R)

Question 6

Valuable Consideration

Answer 6

Anything capable of being valuable consideration; whether of a monetary kind or of any other kind; in short, money or money’s worth.

Question 7

Dishonestly

Answer 7

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 8

Claim of Right

Answer 8

In relation to any act, means a belief at the time of the act in a proprietary or possessory right 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 that the enactment against which the offence is alleged to have been committed.

Question 9

Takes

Answer 9

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

Question 10

Document

Answer 10

Means a document, or part of a document, in any form; and includes, without limitation;
a) any paper or other material used for writing or printing that is marked with matter capable of being read.

Question 11

Uses

Answer 11

Use can include a single action or the continuing use of a document.

Question 12

Attempts

Answer 12

Everyone who, have an intent to commit an offence, does or omits an act for the purpose of accomplishing his object is guilty of an attempt to commit the office intended, whether in the circumstances it was possible to commit the offence or not.