General Study Flashcards
Intent
R v Collister
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.
Intent can be inferred by words or actions before during or after, the surrounding circumstances and the nature of the act
Intent to Obtain
The defendant must intend to obtain and he or she must intend to obtain by the deception
Obtain – S217 CA 1961
means to obtain or retain for himself, herself or for any other person.
Property – S2 CA 1961
any real or 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.
Service
Not defined in the Crimes Act 1961.
Pecuniary Advantage
Basically, means an economic or monetary advantage.
Hayes v R (Pecuniary Advantage)
anything that enhances the accused’s financial position
Valuable Consideration
Money or money’s worth
Hayes v R (Valuable Consideration)
anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short money or money’s worth
Dishonestly – S217 CA 1961
An act without a belief that there was express or implied consent to, or authority.
Claim of Right – S2 CA 1961
a belief at the time of the act in a proprietary or possessory right in property in relation to the offence
Takes – S219(4) CA 1961
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Ownership, possession or control may be directly or indirectly obtained. Includes coming into possession with or without the consent of the owner.
Intent to Obtain
The defendant must intend to obtain and he or she must intend to obtain by the deception at the time of the deception
Obtain – S217 CA 1961
means to obtain or retain for himself, herself or for any other person.
Document – S217 CA 1961
Includes part of a document in any form, and includes:
* Paper/material containing anything that can be read
* Photos, negatives, film , microfiche and related items
* Discs, tapes, wires, soundtracks, cards or other devices/equipment on which information, sounds or other data is stored and capable of being reproduced.
* Any material used to supply information or any equipment or any device used for recording or storing or processing information.
R v Misic (Document)
a document is a thing which provides evidence or information or serves as a record.”
What must be proven in ‘uses or attempts to use’
The prosecution must prove that the offender used or attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration.
Hayes v R (Unsuccessful use)
An unsuccessful use of document is as much use as a successful one.
Attempts – S72
having 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
elements of an attempt offence
- Intent (mens rea) to commit an offence
- Act (actus rea) that they did or omitted to do something to achieve that end
- Proximity – that their act or omission was sufficiently close.
Representation
Representations about a past or present fact, about a future event, or about an existing intention, opinion, belief,
False Representation
- 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
Intent to Deceive
The offender must know representation is false and intend the other person to act upon it as genuine.
R v Morley (intent to deceive)
Purposeful intent must exist at the time of the deception.
Ownership
Ownership is associated with the concept of title.
R v Cox (Possession)
Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element, is a combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
Possession
May be actual or potential.
