Dishonestly Takes or Obtains a Document

Question 1

Dishonestly Takes or Obtains a Document

Section and Penalty

Answer 1

Section 228(1)(a) Crimes Act 1961

7 years imprisonment

Question 2

Dishonestly Takes or Obtains a Document

Elements

Answer 2

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 3

Intent

Intent to Obtain

Answer 3

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result.

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

Question 4

Obtain

Answer 4

S217 CA61

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

Question 5

Property

Answer 5

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 6

Pecuniary Advantage, case law

Answer 6

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

Question 7

Valuable Consideration

Definiton and Examples

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

Answer 8

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 9

Dishonestly - belief, case law

Answer 9

Hayes v R

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 10

Claim of Right

Answer 10

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 11

Takes

Answer 11

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 12

Obtains

Answer 12

S217 CA61

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

Question 13

Document

Legislation

Answer 13

Sec. 217 Crimes Act 1961

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

Question 14

Document, case law

Answer 14

R v Misic

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

Question 15

Service

Answer 15

Service is limited to financial or economic value, and excludes privileges or benefits