Elements If Takes Or obtains

Question 1

Intent to Obtain

Answer 1

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

Question 2

Obtains Defined

Answer 2

Section 217

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

Question 3

Property

Answer 3

Section 2 Crimes Act

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and in any debt, and any thing in action, and any other right or interest.

Question 4

Service

Answer 4

Not defined in Crimes Act

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.”

Question 6

Valuable Consideration

Answer 6

Hayes V R

“Anything capable of being valuable consideration, whether of a monetary kind or of any other kind: in short, money or money’s worth.”

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

Section 217 Crimes Act

In relation to an act or omission, means done or omitted without a belief there was expressed or implied consent to, or authority for, an act or omission from a person entitled to give such consent or authority.

Question 8

Without Claim of Right

Answer 8

Section 2 Crimes Act

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.