Dishonestly taking a Document S228(1)(a)

Question 1

Dishonestly Takes or Obtains a Document

Act, Section, Penalty

Answer 1

Crimes Act 1961
Section 228(1)(a)
7 years imprisonment

Question 2

Dishonestly Takes or Obtains a Document

List Elements

Answer 2

1) Dishonestly

2) Without Claim of Right

3) Takes OR Obtains

4) Any document

5) With intent to obtain any
Property OR
Service OR
Pecuniary Advantage OR
Valuable Consideration

Question 3

Dishonestly Defined

Element 1, card 1/1. S228(1)(a)

Answer 3

Dishonestly defined (s217 CA 1961)

An act done or omitted without a belief that there was consent or authority from a person entitled to authorise it.

Question 4

Without claim of right defined

Element 2, card 1/1. S228(1)(a)

Answer 4

Without claim of right (s2 CA 1961)

No belief there was possessory or proprietary right to the property.

Question 5

Takes (Defined)

Element 3, card 1/2. S228(1)(a)

Answer 5

Takes S219(4) - theft is committed by a taking when the offender moves the property or causes it to be moved

Question 6

Obtains (Defined)

Element 3, card 2/2. S228(1)(a)

Answer 6

Obtains (s217 CA 1961)

Obtain or retain for himself or herself (themselves) or for any other person

Question 7

Any document (Defined)

Element 4, card 1/1. S228(1)(a)

Answer 7

Any Document defined using caselaw:

R v Misic – A document is a thing which provides evidence or information or serves as a record.

TIP: Remember that Misic similar to Misc i.e. Miscellaneous meaning a mixture of various things (which can serve as a document.)

Question 8

Intent defined
(Criminal law context)

Element 5, card 1/6. S228(1)(a)

Answer 8

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.

Simple answer: a deliberate act in order to get a specific result

Question 9

Intent
Caselaw

Element 5, card 2/6. S228(1)(a)

Answer 9

R v Collister: Intent is inferred from the offenders words and actions, before/during/after, the surrounding circumstances, and the nature of the act itself.

Question 10

Property Defined

Element 5, card 3/6. S228(1)(a)

Answer 10

Section 2 CA1961

Property - any real or personal property, estate or interest

Question 11

Service defined

Element 5, card 4/6. S228(1)(a)

Answer 11

Caselaw:
R v Cara - service is limited to financial or economic value

Question 12

Pecuniary Advantage

Element 5, card 5/6. S228(1)(a)

Answer 12

Caselaw:
Hayes v R – Anything that enhances the accused’s financial position

TIP: Examples
- 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 13

Valuable Consideration

Element 5, card 6/6. S228(1)(a)

Answer 13

Caselaw:
Hayes v R - Anything capable of being valuable consideration. Money or money’s worth.

TIP: Examples
- 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