Definitions and Case Law Flashcards
Obtain
Sec. 217 Crimes Act 1961
Obtain, in relation to any person, means to obtain or retain for himself or herself or any other person
Property
Sec. 2 Crimes Act 1961
Property includes any real or 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.
Pecuniary Advantage
Pecuniary Advantage - economic or monetary advantage
Hayes v R (Pecuniary Advantage)
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Hayes v R (Valuable Consideration)
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short money or moneys worth”
Dishonestly
sec 217 Crimes Act 1961
In relation to any act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Hayes v R (Dishonestly)
The question is whether the belief is actually held, not whether the belief is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held.
Claim of Right
sec 2 Crimes Act
In relation to any act, means a belief in a proprietary or possessory right to any 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 any other matter of law other that the enactment the offence is alleged to have been committed against.
Takes
sec. 219(4) Crimes Act
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved
Document
sec 217 Crimes Act
Includes part of a document in any form, and includes:
- Paper/material containing anything that can be read
- Photos, negatives and related items
- Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced
R v Misic
“Essentially a document is a thing which provides evidence or information or serves as a record”
R v Morley (Intent)
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
Uses or attempts to use
The prosecution must prove that the offender used or attempted to use the document with the intent to obtain property, service, pecuniary advantage or valuable consideration
Hayes v R (Uses/attempts to use)
An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining of pecuniary advantage, which is not a necessary ingredient of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.
Deception
sec 240(2) Crimes Act
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;
b) an omission ot 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
