Liabilities Flashcards
Dishonestly taking or using a document (uses)
228(1)(b)
– Dishonestly
– without claim of right
– uses /attempt to use
– any document
– with intent to obtain any
Property
Service
Pecuniary advantage
Valuable consideration
Dishonestly
Done without a belief and consent from the person with authority
Without claim of right
No belief in possessory or proprietary right in the property
R V Hayes - attempts
Unsuccessful use of a document is the same as a successful one
R V MISIC
Thing which provides evidence or information or service as a record
Intent - collister
Words/actions before/during/after, nature of the offence and circumstantial evidence
Property
Any real personal property
Any interest or estate and any really personal property
Anything an action or any other right to any property
R V Car - Service
Service is limited to financial or economic value excluding privilege or benefit
Pecuniary advantage – Hayes
Something that enhances the accused financial position
Valuable consideration – Hayes
Anything capable of being valuable consideration. Money or money’s worth
Obtains by deception or causes loss by deception (ownership)
240(1)(a)
- By any deception
- Without claim of right
- Obtains ownership/possession /control over
- Any property/Privilege, Service, pecuniary advantage, benefit, valuable consideration,
- direct or indirectly
Deception - R v Morley
Intention to deceive requires purposeful intent at the time the deception is practised
Ownership
Goods come under their control, don’t have to physically have been
Possession - cox
Two elements, physical and mental. Custody and control, knowledge and intention
Control
Power of directing or commanding
