Deception Flashcards
What section is Dishonestly taking or using a document.
S.228(1)(a) or (b), CA.61.
Elements of Dishonestly taking or using a document.
- Dishonestly
- Without claim of right
- a) takes or obtains or b) uses or attempts to use
- any document
- with intent to obtain any property, pecuniary advantage, service or valuable consideration.
Define dishonestly.
An act or mission done without express or implied consent or authority from the owner or someone entitled to give such consent or authority.
Obtains:
To obtain or retain for himself or another person.
Uses or attempts to use:
Use can include a single action, such as the handing over of a document to its intended recipient, or the continuing use of a document.
Case law: Use or attempts to use.
Hayes v R.
An unsuccessful use of a document is as much use as a successful one. The concept of attempt relates to the use not the ultimate obtaining of a pecuniary advantage.
Any document:
Any document, part of any document in any form, includes any paper or other material used for writing or printing that is marked with matter capable of being read.
Case law: Pecuniary advantage.
Hayes v R – A pecuniary advantage is anything that enhances the accused financial position. It is the enhancement which constitutes the element of advantage.
Case law: Service.
R v Cara – Service is limited to financial or economic value and excludes privilege or benefits.
Case law: Valuable consideration.
Hayes v R – A valuable consideration is anything capable of being valuable consideration. Whether of a monetary kind or of any other kind; in short money or moneys worth.
