Dishonestly Takes OR Obtains A Document

Question 1

Dishonestly Takes OR Obtains a Document
- s228(1)(a) C.A. 1961
- 7yrs

Answer 1

• Everyone who

• With intent to obtain any property, service, pecuniary adv or valuable consideration

• Dishonestly & without claim of right

• Takes OR Obtains any document.

Question 2

Intent to obtain

Answer 2

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

Question 3

Obtain - s217 CA61

Answer 3

In relation to any person, means obtain or retain for himself or for any other person.

Question 4

Property -s2 CA61

Answer 4

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

Question 5

Service - CARA

Answer 5

Service is limited to financial or economic value & excludes privilege or benefits.

Question 6

Pecuniary advantage - HAYES

Answer 6

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
• A discount (by using a student ID card)
• Avoiding or deferring payment of a debt.

Question 7

Valuable consideration - HAYES

Answer 7

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 8

Dishonestly - s217 CA61

Answer 8

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 consent.

Question 9

Believe - HAYES

Answer 9

The question is whether the belief is actually held, not whether it’s reasonable.

Question 10

Claim of Right - s2 CA61

Answer 10

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.

Question 11

Takes - s219(4) CA61

Answer 11

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

Question 12

Document - s217 CA61

Answer 12

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 13

Document - MISIC

Answer 13

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