Liabilites & Definition Flashcards
Dishonestly taking a document
CA1961
S228(1)(a)
Dishonestly
Without Claim of Right
Takes / Obtains
Any Documents
With intent to
- Obtain any property
- Service
- Pecuniary Advantage
- Valuable Consideration
Dishonestly uses / attempts to use a document
CA1961
S 228(1)(b)
Dishonestly
Without Claim of Right
Uses / Attempts to use
Any Documents
With intent to
- Obtain any property
- Service
- Pecuniary Advantage
- Valuable Consideration
Elements - Obtains by deception OR causes loss by deception (ownership)
CA1961
S 240(1)(a)
Any deception
Without claim of right
Obtains / Ownership / Possession / Control Over
Any Property / Privilege / Service / Pecuniary Advantage / Benefit / Valuable Consideration
Direct or Indirectly
Elements of Obtaining Credit by Deception
CA1961
S240(1)(b)
Any deception
Without Claim of right
In occurring debt or liability
Obtains credit
Elements in - Causes loss by deception
CA1961
S240(1)(d)
By any deception
Without claim of right
Causes loss to any other person
Dishonestly
R v Hayes
Whether the belief is actually held, not if belief was unreasonable
Done without belief in consent from a person with authority
Without claim of right
No belief of possessory or proprietary right to property
Uses
Single action or continuing use
Attempts
R v Hayes
Unsuccessful use of a document is much as attempt as a successful one.
Any document
R v Misic
Thing which provides evidence or information or serves as a record
With intent to obtain
Commit the act, get the specific result
R v Morley
Purposeful intent at the time the deception is practised
Property
Real and personal property, any estate or interest.
Service
R v Cara
Service is limited to financial or economic value and excludes privileges or benefits
Pecuniary Advantage
R v Hayes
Anything that enhances the accused financial position
Valuable consideration
Anything capable of being valuable consideration
R v Hayes
Money or monies worth
Takes
Theft is committed by a taking, when the offender moves the property or causes it to be moved. Ownership, possession or control over, with or without consent of owner.
Define Obtains
S228(1)(a)
Obtain or retain for themself or any other person.
By any deception
False representation
R v Morley
An intention to deceive requires purposeful intent at the time the deception is practised
Obtains by ownership
Goods come under control, don’t have to physically have them
Obtains by possession
R v Cox
Two elements, physical and mental. Custody and control, knowledge and intention
Obtains by control
Power of directing or commanding. Do not need to possess
Obtains by Credit
Obtains - Obligation to pay or repay at the time received. Must be legally enforceable.
Credit - Intangible, must relate to monetary obligation
Cause loss by deception
Loss - Financial Detriment
R v Morley - Loss must have been caused by deception. Only has to play a part in the loss
