Definitions Flashcards
obtain
to obtain or retain for himself or herself or for any other person
property
includes 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
service
service is limited to financial or economic value and excludes privileges or benefits
r v cara - service is limited to financial or economic value, and excludes privileges or benefits
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 a consent or authority
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
document
r v misic
essentially a document is a thing which provides evidence or information or serves as a record
deception
deception means 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; or
b) an omission to disclose a material particular with intent to deceive any person in circumstances where there is a duty to disclose it; or
c) a fraudulent device, trick or stratagem used with intent to deceive any person
knowing
knowing means knowing or correctly believing (Simester and Brookbanks)
material particular
an important, essential or relevant detail or item
omission
an omission is inaction ie not acting, it can be a conscious decision not to do something or not giving thought to the matter at all
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
privilege or benefit
the words privilege or benefit are not limited to a privilege or benefit of a pecuniary nature, both these words mean a special right or advantage
actual possession
actual possession arises where the thing on question is in a persons physical custody or control
potential possession
potential possession arises when the person has the potential to have the thing in question in their control, for example storing the thing in question at an associates house or through an agent
lien
a lien is a right over another persons property to protect a debt charged on that property
control
to control something means to exercise authoritative or dominating influence or command over it
debt
debt means money owing to another
liability
liability means a legally enforceable financial obligation to pay, such as the cost 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, credit does not extend to an obligation to supply services or goods (Fisher v Raven)
induces
to persuade, bring about or give rise to
deliver over, execute, endorse, alter, accept
- to deliver over is to surrender up someone or something
- to execute is to put a course of action into effect
- to endorse is to write or sign 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
thing
simester and brookbanks defines a thing as a broad and encompassing concept however it appears a thing must be tangible
the thing must be capable of being used to derive a pecuniary advantage
representation
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. It must be capable of being false so it must contain a proposition of fact
R v Morley - representations must relate to a statement of existing fact rather than a statement or future intention
obtaining by deception or causing loss by deception penalty
over $1000 - 7 years
$500 - $1000 - 1 year
under $500 - 3 months
title
title simply means a legal right to the property
voidable title
a title obtained by deception, fraud, duress or misrepresentatio
material alteration
an alteration is a material alteration if it increases the value or negotiability of a document or instrument
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
access covers almost all interactions with a computer system such as using computer at work and more remote forms of access such as viewing a website or using a virus
access 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
authorisation
includes an authorisation conferred on a person by or under a an enactment or a rule of law, or by an order of a court or judicial process
computer system
means
- a computer, or
- 2 or more interconnected computers; or
- any communication links between computers or to remote terminals or another device; or
- 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
- includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data
causes
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 a pecuniary advantage
the accused must cause the loss
false representation
under the current law the representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless to whether it is false
