Defintions

Question 1

Define Obtain

Answer 1

Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person

Question 2

Define Property

Answer 2

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.

Question 3

Define Service

Answer 3

The case of R v Cara directed that “Service is limited to financial or economic value and excludes privileges or benefits”.

Question 4

Define Pecuniary Advantage

Answer 4

anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage

Question 5

Define Valuable Consideration

Answer 5

anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth.

For example:
* monetary payment in return for goods or services
* goods given in return for services provided
* issuing a false invoice to receive payment for goods never supplied.

Question 6

Define Dishonestly

Answer 6

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 7

Define Claim of Right

Answer 7

Claim of right 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.

First, the belief must be a belief in a proprietary or possessory right in property.

Secondly, the belief must be about rights to the property in relation to which the offence is alleged to have been committed

Thirdly, the belief must be held at the time of the conduct alleged to constitute the offence.

Fourthly, the belief must be actually held by the defendant. The belief is not required to be reasonable or be reasonably held and may be based on ignorance or mistake.

Question 8

Define Takes

Answer 8

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

Question 9

Define Document

Answer 9

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 10

Define Attempt

Answer 10

Every one 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.

Question 11

Define Deception

Answer 11

Section 240(2), Crimes Act 1961

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 12

Define Representation

Answer 12

It must be capable of being false so it must contain a proposition of fact

Question 13

Define False Representation

Answer 13

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 whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

The falsity of the representation must be proved. In Carlos v R there was more than one false representation alleged. It was directed that each alleged misrepresentation should be included in a separate count.

Question 14

Define Intent

Answer 14

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 15

Define Knowledge

Answer 15

Knowing means correctly believing, a Defendant may believe something wrongly but cannot know something that is false

Question 16

Define Material Particular

Answer 16

A matter will be a ‘material particular’ if it is something important or something that matters

Question 17

Define Omission

Answer 17

An Omission is inaction, i.e. not acting. It can either be a conscious decision not to do something or not giving thought to the matter at all.

Question 18

Define Device

Answer 18

plan, scheme or trick.

Question 19

Define Trick

Answer 19

An action or scheme undertaken to fool, outwit, or deceive

Question 20

Define Stratagrem

Answer 20

Cunning plan or scheme especially for deceiving an enemy, or trickery.

Question 21

Define Ownership

Answer 21

A right or claim to the ownership of property.

Same as title

Question 22

Define Possession

Answer 22

One person often holds possession and ownership at the same time. However, you can possess something without having title to it (eg driving someone else’s car).

Question 23

Define Lien

Answer 23

in general terms, a lien is a right over another’s property to protect a debt charged on that property

Question 24

Define Control

Answer 24

To “control” something means to exercise authoritative or dominating influence or command over it.

Question 25

Define Debt

Answer 25

Debt’ means money owing from one person to another.

Question 26

Define Liability

Answer 26

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

Question 27

Define Credit

Answer 27

Refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.

Question 28

Define Intangible Thing

Answer 28

Credit is an intangible thing. Credit obtained must be in respect of a monetary obligation.

If the defendant obtains a non-monetary benefit, the appropriate charge may be under s240(1)(a), depending on the facts of the case.

Examples
To enter a restaurant, sit at a table and order a meal without any intention of paying for it later is obtaining credit by deception
If a shopkeeper mistakes the customer for someone else and gives them credit, the customer is guilty of obtaining credit by deception if they are aware of the mistake and accept the credit with no intention of paying later

Question 29

Define Induces

Answer 29

To persuade, bring about or give rise to

Question 30

Define Deliver Over

Answer 30

is to surrender up someone or something

Question 31

Define Execute

Answer 31

is to put a course of action into effect

Question 32

Define Endorse

Answer 32

is to write or sign on a document

Question 33

Define Alter

Answer 33

is to change in character or composition, typically in a comparatively small but significant way

Question 34

Define Accept

Answer 34

is to receive something

Question 35

Define thing

Answer 35

thing as a broad and encompassing concept. However, it appears that the “thing” must be tangible.

Again the “thing” must be capable of being used to derive a pecuniary advantage.

Question 36

Define loss

Answer 36

Loss, in most cases will involve financial detriment to the victim

Question 37

Define propensity evidence

Answer 37

Evidence showing a person has a propensity to act in a certain way or to have a particular state of mind may be admissible in a prosecution for causing loss by deception.

Propensity evidence may also be used to disprove a defence of mistake or innocent intention.

Question 38

Define False Document

Answer 38

Essentially, a false document must lie about itself. However, just because a lie is put in writing does not mean that the document on which it is written is a forgery. The document itself must lie about itself, or intend to convey a lie in cases where it has been written by someone intending to pass it off as having been written by someone else. These various forms of lies make a document false.

it also means a document:
(a) of which the whole or any material part purports to be made by any person who did not make it, or by a fictitious person; or

Key: Made by a person who did not make it or by a fictitious person (Both)

Question 39

Define Alteration

Answer 39

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

Question 40

Define Conceal

Answer 40

Conceal’ is not defined within the Act. In Police v Boyd it was held that the word “conceal” in the predecessor section included (a) the actual hiding of a document; (b) the denial of its existence; and (c) the withholding of it in the face of a positive duty to produce it. Only in the last of these was a positive duty to produce the document needed.

Question 41

Define Destruction

Answer 41

‘Destruction’ is not defined within the Act and , for the purposes of this section, should be taken to mean “to end the existence of”

Question 42

Define Reproduction

Answer 42

‘Reproduction’ is not defined within the Act and, for the purposes of this section, should be taken to mean “producing a copy or representation of, or made in imitation”.

Question 43

Define cause

Answer 43

A defendant may “cause” a document to be altered, concealed or destroyed either through arranging for the necessary actions by another person or by the use of a computer program or other device which will operate to alter, conceal or destroy the document.

Question 44

Define Access

Answer 44

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 45

Define Authorisation

Answer 45

authorisation includes an authorisation conferred on a person by or under an enactment or a
rule of law, or by an order of a court or judicial process

Question 46

Define Computer System

Answer 46

(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.