Element Definitions Flashcards
Dishonestly
(Done with…)
Dishonestly (CA 1961)
217 - Done without belief in consent from a person with authority.
Without claim of right
(As defined by statute, what are the 3 parts)
Without claim of right (CA 1961)
s2- No belief at the time to possessory or proprietary right to the property involved.
(1) Belief in a Proprietary or Possessory right to the property
(2) The Property related to the alleged offence
(3) The belief was held at the Time of the alleged offence
Uses / Attempts to use
Adams on Criminal Law - Can included single action or continuing use.
Attempted use of a document
(case)
Hayes – Unsuccessful use of a document is much as attempt as a successful one.
Document
(Case)
Misic - A thing which provides evidence or information or serves as a record.
With intent to obtain.
(What elements must the intent include, and how can intent be proved using case law)
Intent: Deliberate act, to get the specific result.
Must:
(a) intend to obtain
and
(b) intend to obtain by deception
Proved by:
Collister – Words/actions before/during/after, nature of offence and circumstantial evidence.
Property
(Act)
(CA 1961)
s2 - Real and personal property, estate or interest.
Service
(Case)
Cara - Service is limited to financial or economic value, excludes privilege or benefit.
Pecuniary advantage
(Case)
Hayes – Anything that enhances the accused’s financial position.
Valuable Consideration
(Case, scope, 3 examples mib)
Hayes – Anything capable of being valuable consideration. Money or monies worth.
Scope - wider than Pecuniary Advantage.
Examples:
(1) Monetary payment for goods and services
(2) Goods given in return for services
(3) Invoicing to receive payment for goods never supplied
By any deception
(Mens rea, Mens actus, Knowledge, Case)
Deception (s240CA 1961)
“By deception” proof requirements:
(1) Defendant had intent to deceive
(2) Defendant made a false representation:
Orally / documentary / or conduct,
By using a fraudulent device, stratagem or
trick, or
Omitted to disclose a material particular
where there was a duty to do so.
(3) Defendant knew, or was reckless whether, it was false in material particular.
Morley – Intention to deceive requires purposeful intent at the time the deception is practiced.
Control over
(What does it equate to and what doesn’t it require)
Ownership
Goods come under control, don’t have to physically have them.
Possession
Cox – Two elements, physical and mental. Custody and control, knowledge and intention.
Control
(What do you have and what don’t you need)
Power of directing or commanding. Do not need to possess.
Incurring any debt OR liability (what must debt be subject to)
Debt or liability must be legally enforceable. If contract is void or illegal, there is no offence.
Liability
Legally enforceable financial obligation.
Debt
Money owing from one person to another.
Obtains
(Act)
CA61
s217 - Obtains or retains for himself or for another person
Credit
Obligation on the debtor to pay or repay, and the time given to do so by the creditor
Cause loss to any other person
(Loss means)
(Case)
Financial detriment
Morley – Loss must have been caused by deception. Only has to play a part in the loss.
Any other person
Judicila Notice or Circumstantial Evidence
Someone other than Defendant.
Takes
(Act)
CA61
s219 - Moves the property or causes it to be moved
Document
(Act - 5 part exhaustive definition)
CA61
s217:
(a) Any material used for writing, marked with matter capable of being read (e.g. paper)
(b) Any form of photograph or such derivatives (e.g. negative, film, or print)
(c) Any material or device in which information is recorded or stored (e.g. tapes, discs and cards)
(d) Any material or equipment used to supply information to any recording, processing or storage device (e.g. cables)
(e) Any material from any information from any recording, processing or storage device. (output of a photocopier)
Attempts
(Act)
CA61
s72 - 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.
Must go beyond mere preparation
Must occur immediately proximate to the intended offence.
In relation to s240(2)(a), what does reckless relate to?
(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;
It relates to whether the MATERIAL PARTICULAR is false.
If the defendant is recklessness as to whether the victim will be deceived, then the deception is not complete. There needs to be an intention to deceive.
What are the 3 ways to communicate the false representation?
(1) Orally
(2) Documentary
(3) Conduct
Give an example of an ORAL false representation?
Claiming to own goods that are in fact subject to hire purchase
Give an example of a DOCUMENTARY false representation?
Presenting a false certificate of qualification.
Give an example of a false representation communicated by CONDUCT?
Representing oneself as a collector by carrying an official collection bucket.
Can silence be regarded as a representation?
Are there any exceptions?
No. Silence will generally not be accepted as a representation.
But exceptions do exist. For example, not drawing attention to a false understanding. E.g. knowing that the checkout person has read the wrong price tag in the event that there were two labels.
Privilege means
A special right or advantage
