Dhoka Liabilities

Question 1

Takes or Obtains a Document

Answer 1

Section 228 (A)
CA 1961
Max Imp 7yrs.

With Intent to Obtain any Property, Service, Pecuniary Advantage or Valuable Consideration

• Intent
• R V Collister
• R V Waaka
• Hayes V R: PA
• Hayes V R: VC

Dishonestly
- Hayes V R : Belief held

And Without Claim of Right
- Definition

Takes or Obtains any Document

• Definition Takes or Obtains
• Definition of Document
• R V Misic: Doc

Question 2

Uses/Attempts to Use a Document

Answer 2

Section 228 (1) (B)
CA 1961
Max Imp 7yrs.

With Intent to Obtain any Property, Service, Pecuniary Advantage or Valuable Consideration

Dishonestly

And Without Claim of Right

Uses or Attempts to Use any Document

• Prosecution to prove intent to use
• Hayes V R : Unsuccessful use
• Document definition
• R V Misic

Question 3

Obtaining by Deception

Answer 3

Section 240 (1) (A)
CA 1961
Max Imp 3Months/1/7 Yrs.

By any Deception

• Deception definition.
• False representation
• Intent to deceive
• R V Morely: intention to deceive requires…
• R V Laverty: person parting with property

Without Claim of Right

Obtains Possession of or Control Over any 
(PSPABVC)
- Obtains
- Possession
- Actual possession
- Ideal possession

PA: Hayes v R - advantage
VC: Hayes v R: VC

Question 4

Obtaining by Deception - Credit

Answer 4

Section 240 (1) (B)
CA 1961
Max Imp 7 yrs.

By any Deception

Without Claim of Right

In Incurring any Debt or Liability

Obtains Credit

• Fisher V Raven
• R V McKay

Question 5

Obtaining by Deception - Loss

Answer 5

Section 240 (1) (D)
CA 1961
Max Imp 3Months/1/7 Yrs.

By any Deception

Without Claim of Right

Causes Loss to Any Person

• R V Morely : prosecution must prove
  1. Loss was caused by deception
  2. Was reasonably foreseeable that more than trivial loss will occur
  3. No need to prove loss was intentionally caused