Definitions

Question 1

obtain

Answer 1

to obtain or retain for himself or herself or for any other person

Question 2

property

Answer 2

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

Question 3

service

Answer 3

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

Question 4

dishonestly

Answer 4

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

Question 5

claim of right

Answer 5

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 6

document

Answer 6

r v misic

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

Question 7

deception

Answer 7

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

Question 8

knowing

Answer 8

knowing means knowing or correctly believing (Simester and Brookbanks)

Question 9

material particular

Answer 9

an important, essential or relevant detail or item

Question 10

omission

Answer 10

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

Question 11

device

Answer 11

a plan, scheme or trick

Question 12

trick

Answer 12

an action or scheme undertaken to fool, outwit or deceive

Question 13

stratagem

Answer 13

a cunning plan or scheme especially for deceiving an enemy or trickery

Question 14

privilege or benefit

Answer 14

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

Question 15

actual possession

Answer 15

actual possession arises where the thing on question is in a persons physical custody or control

Question 16

potential possession

Answer 16

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

Question 17

lien

Answer 17

a lien is a right over another persons property to protect a debt charged on that property

Question 18

control

Answer 18

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

Question 19

debt

Answer 19

debt means money owing to another

Question 20

liability

Answer 20

liability means a legally enforceable financial obligation to pay, such as the cost of a meal

Question 21

credit

Answer 21

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)

Question 22

induces

Answer 22

to persuade, bring about or give rise to

Question 23

deliver over, execute, endorse, alter, accept

Answer 23

• 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

Question 24

thing

Answer 24

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

Question 25

representation

Answer 25

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

Question 26

obtaining by deception or causing loss by deception penalty

Answer 26

over $1000 - 7 years

$500 - $1000 - 1 year

under $500 - 3 months

Question 27

title

Answer 27

title simply means a legal right to the property

Question 28

voidable title

Answer 28

a title obtained by deception, fraud, duress or misrepresentatio

Question 29

material alteration

Answer 29

an alteration is a material alteration if it increases the value or negotiability of a document or instrument

Question 30

access

Answer 30

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

Question 31

authorisation

Answer 31

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

Question 32

computer system

Answer 32

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

Question 33

causes

Answer 33

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

Question 34

false representation

Answer 34

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