General Study

Question 1

Intent

Answer 1

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

Question 2

Intent to Obtain

Answer 2

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

Question 3

Obtain – S217 CA 1961

Answer 3

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

Question 4

Property – S2 CA 1961

Answer 4

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.

Question 5

Service

Answer 5

Not defined in the Crimes Act 1961.

Question 6

Pecuniary Advantage

Answer 6

Basically, means an economic or monetary advantage.

Question 7

Hayes v R (Pecuniary Advantage)

Answer 7

anything that enhances the accused’s financial position

Question 8

Valuable Consideration

Answer 8

Money or money’s worth

Question 9

Hayes v R (Valuable Consideration)

Answer 9

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

Question 10

Dishonestly – S217 CA 1961

Answer 10

An act without a belief that there was express or implied consent to, or authority.

Question 11

Claim of Right – S2 CA 1961

Answer 11

a belief at the time of the act in a proprietary or possessory right in property in relation to the offence

Question 12

Takes – S219(4) CA 1961

Answer 12

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.

Question 13

Intent to Obtain

Answer 13

The defendant must intend to obtain and he or she must intend to obtain by the deception at the time of the deception

Question 14

Obtain – S217 CA 1961

Answer 14

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

Question 15

Document – S217 CA 1961

Answer 15

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.

Question 16

R v Misic (Document)

Answer 16

a document is a thing which provides evidence or information or serves as a record.”

Question 17

What must be proven in ‘uses or attempts to use’

Answer 17

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.

Question 18

Hayes v R (Unsuccessful use)

Answer 18

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

Question 19

Attempts – S72

Answer 19

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

Question 20

elements of an attempt offence

Answer 20

1. Intent (mens rea) to commit an offence
2. Act (actus rea) that they did or omitted to do something to achieve that end
3. Proximity – that their act or omission was sufficiently close.

Question 21

Representation

Answer 21

Representations about a past or present fact, about a future event, or about an existing intention, opinion, belief,

Question 22

False Representation

Answer 22

• 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

Question 23

Intent to Deceive

Answer 23

The offender must know representation is false and intend the other person to act upon it as genuine.

Question 24

R v Morley (intent to deceive)

Answer 24

Purposeful intent must exist at the time of the deception.

Question 25

Ownership

Answer 25

Ownership is associated with the concept of title.

Question 26

R v Cox (Possession)

Answer 26

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.

Question 27

Possession

Answer 27

May be actual or potential.