Dishonestly Taking or Using a Document

Question 1

Define Intent to obtain

Answer 1

Intent to commit an act to achieve a specific result. (obtain by deception)

S217 CA- obtain or retain for him or other

Question 2

Define Property and Service

Answer 2

Property- Includes real and personal property, estate/interest, money…etc.

Service- Financial or economical value

Question 3

Define Pecuniary Advantage (Hayes v R)

Answer 3

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

Question 4

Define Valuable Consideration

Answer 4

Money or Money’s worth
For example:
• 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 5

Define Dishonestly

Answer 5

an act done or omitted without the belief there was expressed or implied consent, or authority from person entitled to give such consent or authority.

Question 6

What does Hayes v R say about belief?

Answer 6

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 7

Without Claim of Right

Answer 7

Claim of right
A belief at the time of the act in a proprietary or possessory right in property in relation to the offence.

Nature of Belief- 4

1. Proprietary or Possessory Right
2. Property in relation to which offence committed
3. Belief at time of conduct
4. Belief must actually be held.

Question 8

Define ‘Takes’

Answer 8

Takes 219(4) Theft is committed by a taking when the offender moves or causes the property to be moved.

Question 9

What is a document

Answer 9

217CA
a document or part of a document, in any form, includes without limitation:
-Paper or material for writing capable of being read
-Photographs
-Disc or material info/sound is recorded
-Any material which info is supplied to device for storing
-Any material derived from any device

Question 10

R v Misic definition of document:

EIR

Answer 10

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

Question 11

Define Uses, or attempts to use

Hayes v R

Answer 11

“An unsuccessful use of a document is as much use as a successful one.

The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage.

Question 12

Define attempt

Answer 12

S72
Having the intent to commit an offence, does or omits an act for the purpose of accomplishing his objective is guilty of an attempt.

To be Guilty of an attempt to commit:
. Intend to commit offence 

. Take a real and substantial step towards achieving the aim