Defitions

Question 1

Everyone who

Answer 1

***** is the person accused, the fact he/she is a person is proven by judicial notice and circumstantial evidence

Question 2

With intent to obtain

Answer 2

The defendant must intend to obtain and he or she must obtain by deception

Obtain : S217 CA 61 - obtain in relation to any person means to obtain or retain for himself or any other person

Question 3

Property

S2 CA 61

Answer 3

Property includes any real and personal property, 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 4

Service

Answer 4

Not defined but under R v Cars service is limited to financial or economic value and excludes privileges or benefits

Question 5

Pecuniary advantage -

Answer 5

Hayes v R
A pecuniary advantage is anything that enhances the accused’s financial position, it is that enhancement which constitutes the element of advantage

Question 6

Valuable Consideration

Answer 6

Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or moneys 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 7

Dishonestly

Answer 7

Definition: 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

Hays v R
The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held

Question 8

Claim of right

Answer 8

Claim of right in relation to any act,

Means a belief at the time of the Act in a proprietary or possessory right in property

Question 9

Uses or Attempts to use

Answer 9

Hays v R

An unsuccessful use of a document is as much use as a successful one.

Question 10

Any document

Answer 10

R v misic- Essentially a document is a thing which provides evidence or information or serves a record
Document
S217
Document means a document or part of a document in any form and includes:
Any paper or material used for writing or printing that is marked with matter capable of being read
Any photograph, photographic negative, plate, slide, film, microfilm.
Any disc, tape, wire sound track, card, or other material or device in or which information, sounds, or other data are recorded

Question 11

By any deception

False in a material particular

Answer 11

(2) 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