Dishonestly Takes or Obtains a Document

Question 1

Dishonestly Takes or Obtains a Document

Section, elements

Answer 1

Dishonestly Takes or Obtains a Document
Section 228(1)(a) CA61

1) With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration

2) Dishonestly

3) And Without Claim of Right

4) Takes or Obtains any document

Question 2

Intent

Intent to Obtain

Answer 2

Two specific types of intention in an offence.
Intention to commit the act
Intention to get a specific result.

The defendant must
intend to obtain,
and
intend to obtain by the deception.

Question 3

Obtain

Answer 3

S217 CA61

Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person

Question 4

Property

Property includes…

Answer 4

S2 CA61

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Question 5

Pecuniary Advantage

A pecuniary advantage is…

Hayes v R and Examples

Answer 5

Hayes v R

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”

• Cash from stolen goods.
• Clothing or cash obtained by a credit or EFTPOS card.
• Discount (by using a student ID card).
• Avoiding or deferring payment of a debt.

Question 6

Valuable Consideration

Anything…

Answer 6

Anything capable of being valuable consideration,
whether of a monetary kind or of any other kind;
in short, money or money’s worth.

• Monetary payment in return for goods or services
• Goods given in return for services provided
• Issuing a false invoice to receive payment for goods never supplied

Question 7

Dishonestly

Dishonestly, in relation…

Answer 7

S217 CA61

Dishonestly, in relation to an act or omission,
means done or omitted without a belief that there was expressed or implied consent to,
or authority for, the act or omission
from a person entitled to give such consent or authority.

Question 8

Hayes v R

The question is whether…

Dishonestly - Belief is held

Answer 8

The question is whether the belief is actually held,
not whether that belief is reasonable.
However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held.

Question 9

Claim of Right

In relation to any act…

Answer 9

S2 CA61

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 10

Takes

For…

Answer 10

S219(4) CA61

For tangible property,
theft is committed by a taking
when the offender moves the property or causes it to be moved.

Question 11

Document

Includes part…

Answer 11

Sec. 217 Crimes Act 1961

Includes part of a document in any form, and includes:
• Paper/material containing anything that can be read
• Photos, negatives and related items
• Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

Question 12

R v Misic

“Essentially a document….

Answer 12

R v Misic

“Essentially a document is a thing which provides evidence or information or serves as a record.”