Definitions

Question 1

Obtain

Answer 1

Obtain, in relation to any person, means 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 any thing in action, and any other right or interest

Question 3

Service

Answer 3

Not defined in CA 1961. R v Cara directed that - Service is limited to financial or economic value, and excludes privileges or benefit.

Question 4

Dishonestly

Answer 4

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 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

Takes or obtains

Answer 6

Taking is not defined in statute, but for purposes of this section can be read in conjunction with the definition of theft

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

Question 7

Document

Answer 7

document 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; or
(b)
any photograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative; or
(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; or
(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; or
(e)
any material derived, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information

Question 8

Attempts

Answer 8

(1)
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
(2)
The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3)
An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 9

Deception

Answer 9

In this section, deception means—
(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; 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 10

Device, trick and stratagem

Answer 10

Not defined in Crimes Act, but in Oxford Dictionary

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 11

Debt or liability incurred

Answer 11

Debt - Means money owing from one person to another

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

Question 12

Induces

Answer 12

To persuade, bring about or give rise to

Question 13

Person

Answer 13

Person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning

Question 14

Title

Answer 14

Not defined in Crimes Act. Oxford Dictionary - a right or claim to the ownership of property.

Basically a legal right to property

Question 15

Alter, conceal, destroy, reproduce (altering docuements etc)

Answer 15

Alteration - Not defined in the Act, but suggested that it carries its normal meaning (that a document is altered if it is changed in some manner)

Conceal - Not defined in the Act. Police v Boyd included a) the actual hiding of a document b)the denial of its existence c)withholding of it in the face of a duty to produce it

Destroy - Not defined in the Act. to end the existence of

Reproduction - Not defined in the Act. producing a copy or representation of, or made in imitation

Question 16

Access

Answer 16

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

Question 17

Computer system

Answer 17

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