Definitions / discussions

Question 1

FALSE REPRESENTATION

Answer 1

 must be false and the defendant must know or believe that it is false in a material particular , or be reckless whether it is false
 Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice

Question 2

INTENT TO DECIEVE

Answer 2

Offender must know rep is false and intend other person to act upon it as genuine.

Question 3

CLAIM OF RIGHT s2, Crimes Act 1961

Answer 3

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 4

OBTAINS s217, Crimes Act 1961

Answer 4

To Obtain or retain for self or another.

Question 5

CONTROL Concise Oxford Dictionary

8th Ed

Answer 5

The power of directing, Command

accused does not need to possess something in order to control it

Question 6

POSSESSION

Answer 6

Possession may be actual or constructive

Question 7

PROPERTY s2, Crimes Act 1961

Answer 7

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 8

PRIVILEGE

Answer 8

Special Right or Advantage

Question 9

VALUE

Answer 9

must be determined to establish penalty (under s241)

Question 10

CREDIT

Answer 10

The obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable

Question 11

RECKLESSNESS

Answer 11

A conscious and deliberate taking of an unjustifiable risk.

Question 12

MATERIAL PARTICULAR Concise Oxford Dictionary

8th Ed

Answer 12

Material : Important, essential, relevant

Particular : a detail, an item

Question 13

DOCUMENT s217, Crimes Act 1961

Shortened Def

Answer 13

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

Question 14

CAUSES LOSS

Answer 14

Criminality can only arise from direct loss; indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.

Question 15

DISHONESTLY s217 Crimes Act 1961

Answer 15

In relation to an 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.

Question 16

TAKES s219(4) Crimes Act 1961

Answer 16

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

Question 17

USES

Answer 17

The prosecution must prove that the offender used the document with the intent to obtain the property, service, valuable consideration, pecuniary advantage or valuable consideration

Question 18

ATTEMPTS s72(1) Crimes Act 1961

Answer 18

Everyone who, having 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 offence intended, whether in the circumstances it was possible to commit the offence or not.