Dishonest Taking Or Using A Document Flashcards
S.228(1)(a)
With intent to obtain any property, service, valuable consideration, pecuniary advantage, dishonestly and without claim of right, takes or obtains any document
S.228(1)(b)
With intent to obtain any property, service, valuable consideration or pecuniary advantage, dishonestly and without claim or right uses or attempts to use any document
Intent to obtain
Defendant must intend to obtain and obtain by deception
Obtain
Obtain for themselves or any other person
Property
Real or personal property, any estate or interest in any realy or personal property, money, debt, electricity or anything in action, and any other right or interest
Service
Limited to financial or economic value, excludes privileges or benefits
Pecuniary Advantage
Hayes v R - anything that enhances the accused financial position. It is the enhancement which constitutes the element of advantage
Valuable Consideration
- Money or money’s worth
- anything capable of being a valuable consideration whether money or something else
3 examples of Valuable consideration
- Money for goods or a service
- Good given for a service provided
- Issuing a false invoice to receive payment for goods never supplied
Dishonestly legislation
- the act or omission was done or omitted without the belief that there was expressed or implied consent/authority for the act or omission from a person entitled to give consent or authority
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Dishonestly legislation
- the act or omission was done or omitted without the belief that there was expressed or implied consent/authority for the act or omission from a person entitled to give consent or authority
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Dishonestly- Hayes
Was the belief actually held, not whether it was reasonable. The reasonableness may be relevant as evidence on the issue of whether the belief was actually held.
Claim of right
In relation to any act means a belief at the time of the act in a proprietary or possessory right in the property in relation to the offense. That belief may be based on ignorance or mistake of fact
Nature of Belief (claim of right)
- Belief in proprietary/possess right of property
- The Belief must be about the property relating to the offense
- Belief must be held at the time of conduct for the offence
- Belief must actually be held my the defendant (not required to be reasonable)
Takes
For tangible property - when the offender moves property or causes it to move