Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
13 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Hayes v R |
A pecuniary advantage is anything that enhances the accuseds financial position- it is that enhancement which constitutes the element of advantage |
Pecuniary advantage |
|
|
Hayes v R |
A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind - money or money’s worth |
|
|
|
Misic |
Essentially a document is a thing which provides evidence or information as a record -conveyance of information |
Music-document |
|
|
Definition of pecuniary advantage |
Anything that enhances the accuseds financial position- the enhancement constitutes an advantage |
|
|
|
Definition of valuable consideration |
Anything of being capable of being valuable, monetary kind or any other kind - money or money’s worth |
|
|
|
Define Dishonestly |
Means done or omitted without the belief that there was expressed or implied consent or authority from a person entitled to give consent or authority |
|
|
|
Takes |
Moves or causes to be moved |
|
|
|
Hayes v R |
An unsuccessful use of a document is as much use as a successful one. An unsuccessful use is not an attempted one. |
|
|
|
Define Deception |
A) a false representation- oral, document, or conduct, where the person making the representation intends to deceive AND: I) knows it’s false II) is reckless that it’s false B) an omission to disclose material with intent to deceive C)fraudulent stratagem used with intent to deceive
|
Found in s 240(2) CA61 |
|
|
What must prosecution prove re guilty knowledge |
1) there was intent to deceive 2) a representation was made 3) that the representation made was false and: -defendant KNEW it was false or, - was RECKLESS to it being false |
|
|
|
R v Morley |
An intention to deceive requires that the deception is practised (exercised) in order to deceive the victim. Purposeful intent must exist at the time of the deception. |
|
|
|
Define credit |
An obligation on the debtor to pay or repay, and the time for them to do so by creditor. It does not extend to an obligation to supply service or goods. |
|
|
|
Define title |
A right or claim to the ownership of property |
|
