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39 Cards in this Set
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Takes OR obtains by deception Section 228(1)(a) |
With intent to obtain any property OR service OR pecuniary advantage OR valuable considerations Dishonestly Without claim of right Takes OR obtains any document |
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Uses OR attempts to use a document Section 228(1)(b) |
With intent to obtain any property OR service OR pecuniary advantage OR valuable considerations Dishonestly Without claim of right Uses OR attempts to use any document |
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Obtaining by deception Section 240(1)(a) |
By any deception Without claim of right Obtains ownership OR possession of OR control over any property OR privilege OR service OR pecuniary advantage OR benefit OR valuable consideration Directly OR indirectly |
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Obtaining by deception Section 240(1)(b) |
By any deception Without claim of right In incurring any debt OR liability Obtains credit |
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Obtaining by deception Section 240(1)(d) |
By any deception Without claim of right Causes loss to any person |
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Obtain |
Obtain or retain for himself, herself or any other person |
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Obtain |
Obtain or retain for himself, herself or any other person |
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Property Lounge at Sez |
Real and personal property and any estate Interest in any real or personal property, debt, electricity, money Anything in action and any other right or interest |
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Pecuniary Advantage |
Economic or monetary advantage |
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Pecuniary Advantage |
Economic or monetary advantage |
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R v Hayes PA |
Pecuniary advantage is basically anything that enhances the accused financial position. This enhancement constitutes the element of advantage |
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Pecuniary Advantage |
Economic or monetary advantage |
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R v Hayes PA |
Pecuniary advantage is basically anything that enhances the accused financial position. This enhancement constitutes the element of advantage |
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Valuable consideration case law |
R v Hayes - anything capable of being valuable consideration, whether of a monetary kind or other; money or moneys worth |
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Pecuniary Advantage |
Economic or monetary advantage |
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R v Hayes PA |
Pecuniary advantage is basically anything that enhances the accused financial position. This enhancement constitutes the element of advantage |
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Valuable consideration case law |
R v Hayes - anything capable of being valuable consideration, whether of a monetary kind or other; money or moneys worth |
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Dishonestly definition |
Does or omits the act without a belief that there was implied or expressed consent to or authority for the act or omission, by a person entitled to give that consent or authority |
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Pecuniary Advantage |
Economic or monetary advantage |
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R v Hayes PA |
Pecuniary advantage is basically anything that enhances the accused financial position. This enhancement constitutes the element of advantage |
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Valuable consideration case law |
R v Hayes - anything capable of being valuable consideration, whether of a monetary kind or other; money or moneys worth |
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Dishonestly definition |
Does or omits the act without a belief that there was implied or expressed consent to or authority for the act or omission, by a person entitled to give that consent or authority |
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Claim of right definition |
At the time of the act, has a possessory or proprietary right to the property (in which the offence has been alleged) Although that belief might be based on: Ignorance Mistake of fact Matter of law other than the enactment against which the offence is alleged to have been committed |
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Pecuniary Advantage |
Economic or monetary advantage |
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R v Hayes PA |
Pecuniary advantage is basically anything that enhances the accused financial position. This enhancement constitutes the element of advantage |
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Valuable consideration case law |
R v Hayes - anything capable of being valuable consideration, whether of a monetary kind or other; money or moneys worth |
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Dishonestly definition |
Does or omits the act without a belief that there was implied or expressed consent to or authority for the act or omission, by a person entitled to give that consent or authority |
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Claim of right definition |
At the time of the act, has a possessory or proprietary right to the property (in which the offence has been alleged) Although that belief might be based on: Ignorance Mistake of fact Matter of law other than the enactment against which the offence is alleged to have been committed |
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Takes definition |
Element of taking is complete when The offender moves the property Or causes the property to be moved |
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Pecuniary Advantage |
Economic or monetary advantage |
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R v Hayes PA |
Pecuniary advantage is basically anything that enhances the accused financial position. This enhancement constitutes the element of advantage |
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Valuable consideration case law |
R v Hayes - anything capable of being valuable consideration, whether of a monetary kind or other; money or moneys worth |
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Dishonestly definition |
Does or omits the act without a belief that there was implied or expressed consent to or authority for the act or omission, by a person entitled to give that consent or authority |
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Claim of right definition |
At the time of the act, has a possessory or proprietary right to the property (in which the offence has been alleged) Although that belief might be based on: Ignorance Mistake of fact Matter of law other than the enactment against which the offence is alleged to have been committed |
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Takes definition |
Element of taking is complete when The offender moves the property Or causes the property to be moved |
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Document definition |
Document includes any part of a document in any form: Paper/material that is able to be read Photo/negative/related item Disc/tape/electronic equipment on which information is stored and can be reproduced |
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R v Misic |
A document is a thing which provides: Information Evidence Serves as a record |
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Uses/attempts to use |
Prosecution must prove offender used/attempted to use the document with intent to obtain P/S/PA/VC |
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R v Hayes Uses |
Unsuccessful use of a document is as much use as a successful one. |
