More Qs Flashcards
In relation to 240(2) besides making a false representation by oral what other ways can a false representation be made
– False representation by documentary
– false representation by conduct
What is the definition of obtains
In relation to any person, means obtain or retain for himself herself or any other person
In R V Hayes, what was held in relation to pecuniary advantage
Anything that enhances the accused financial position. That is enhancement which constitutes the element of advantage
What are the two call elements of proof when it comes to an offence under 220 theft by a person in a special relationship
That he or she have received property on terms or in circumstances which, to the accused knowledge, affect what the accused may do with the property or its proceeds or require the accused to act in accordance with the requirements of another person and
That the defendant intentionally departed from the relevant obligations
What is the difference between forgery and altering and reproducing of a document
– The differences between the offence of ordering altering or producing a document rest in the varying definitions of the document and intent
– with forgery an intent to deceive only as required, not an intention to obtain by deception. In the offence of altering concealing destroying or reproducing a document, you must prove that the offender intended to obtain by deception
– any document can be altered or reproduced in the charge of altering, concealing, destroying, or reproducing a document. However in the charge of forgery, the document must be a false documents as defined in section 225 of CA61
Define claim of right
In relation to any act means a belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed,
Although that belief maybe based on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed
Define access when it comes to computer offences
Access is widely defined and covers almost all interactions with the computer system such as using a computer at work and more remote forms of access such as viewing a website or using a virus.
Access requires the person instructing or communicating with the computer system has some form of communication with a computer system through which interactions or communication may pass
Define Property
Property includes real and personal property,
Any estate or interest in any real personal property,
Money electricity and any debt,
And anything in action,
And any other right or interest
What was held in R V Harney
A foresight of a dangerous consequence together with the intent to continue the course regardless of the risk
What was held in R V MISIC
Essentially a document is a thing which provides evidence or information or serves as a record
How can title be voided
Make a complaint to police
A person who has property on high purchase has
Possession only
What is a valuable consideration
Issuing a false invoice to receive payment for goods never supplied
Define credit as per Fisher ? Raven
Credit refers to the obligation on the data to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an application to supply service or goods
Simister and brookbanks - representation
It must be capable of being false so it must contain a proposition of fact
Deception you must prove
- there was an intention to deceive
- there was a representation by the Defendant
- the representation was false and the defendant either knew it was false in a material particular or was reckless it was false in a material particular
R V Morley - representation by the defendant
Representation must relate to a statement of existing fact rather than a statement of future intention.
R V Waterfall
Silence or non-disclosure will not be regarded as a representation,
but there are exceptions to this such as where an incorrect understanding is implied from a course of dealings and the defendant has failed to negate that incorrect understanding.
R V Mallett
A matter will be a material particular if it is something important or something that matters
Goods are obtained by a defendant if
The goods come under their control, even though they may not have physical possession of them.
Accessing computer system for dishonest purpose
Directly or indirectly
Access is any computer system and there bye
Dishonestly or by deception and without claim of right
Obtains any property, privilege, Service, Broker and your advantage, benefit, or valuable consideration or
Causes loss to any other person
Directly or indirectly accessing any computer system with intent
Dishonestly
Or by deception and without claim of right
To obtain any property, privilege, Service, can you advantage, benefit, or valuable consideration or
Tickles lost to any other person
Computer system
Includes all related input, output, processing, storage, software, communication facilities and store data
It can compass one computer or a network of computers or a computer connected to the Internet with the potential of connecting to millions of network computers
Access
Means instruct, communicate with, store data and, receive data from, or otherwise make use of any of the resources of the computer system
Computer meaning
A computer
Two or more interconnected computers
Any communication and links between computers or two remote terminals or another device
Two or more interconnected computers combined with the communication links between the computers or two remote terminals or any other device and
Includes any part of the item described in paragraph A and all related input output processing storage software and communication facilities and store data
R V McKay
On appeal it was held that the credit had been obtained on booking in but at the time the accused did not possess an intent to deceive
