Deception

Question 1

Dishonestly taking a document Section and elements?

Answer 1

Section 228(1)(a) CA61
Dishonestly
Without Claim of Right
Takes OR Obtains
Any document
With the intent to obtain any
Property, Service, Precuniary Advantage, Valuable Consideration.

Question 2

Dishonestly using a document section and elements?

Answer 2

Section 228(1)(b) CA61
Dishonestly.
Without Claim of Right.
Uses OR Atempts to use.
Any document.
With the intent to obtain any
Property, Service, Pecuniary advantage, Valuable consideration.

Question 3

Case law defining a document.

Answer 3

R v Misic held that a document holds information or evidence or serves as a record.

Question 4

Case law defining intent.

Answer 4

R v Morely held that purposful intent is necessary and must be held at the time of the taking.

Question 5

Case law for an example of deception.

Answer 5

R v Love - Purposfully withholding information falls into the defention of intent.

Question 6

Case law for possession.

Answer 6

R v Cox - Possession consists of two elements mental and physical. Intent to exercise possession.