Dishonestly Taking or Using a Document

Question 1

Takes or Obtain a Document - Section, Act and Penalty

Answer 1

S228(1)(a) CA61

7 Years Imprisonment

Question 2

Takes or Obtain a Document - Ingredients

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

With intent to obtain any property, service, pecuniary advantage or valuable consideration - what to cover for liability

Answer 3

• Definition of Intent, AND
• Definition of Obtain, AND
• Definition of Property

OR

Definition of Service

OR

Definition of Pecuniary Advantage and case law R v Hayes

OR

Case law R v Hayes for Valuable Consideration

Question 4

Definition of Intent

Answer 4

In a criminal law contest 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.

Question 5

Definition of Obtain

Answer 5

S217 CA61

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

Question 6

Definition of Property

Answer 6

S2 CA61
Means any real or personal property, or 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 7

Definition of Service

Answer 7

Not defined in CA61

Question 8

Definition of Pecuniary Advantage and Case Law R v Hayes

Answer 8

Basically means an economic or monetary advantage.

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

Question 9

Case law R v Hayes for Valuable Consideration

Answer 9

R v Hayes
A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth

Question 10

Dishonestly - what to cover for liability

Answer 10

Definition of Dishonestly

Question 11

Definition of Dishonestly

Answer 11

S217 CA61
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 12

And without Claim of Right - what to cover for liability

Answer 12

Definition of Claim of Right

Question 13

Definition of Claim of Right

Answer 13

S2 CA61
In relation to any act, means a belief at the time of the act in a propriety 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, mistake of fact, or any other matter of law other thanthe enactment against which the offence is alleged to have been committed.

Question 14

Takes or Obtains any document - what to cover for liability

Answer 14

• Definition of takes OR Definition of Obtains

AND

• Definition of a Document

AND

• Case Law R v Misic

Question 15

Definition of takes

Answer 15

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 16

Definition of Obtains

Answer 16

S217 CA61

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

Question 17

Definition of a Document

Answer 17

S217 CA61
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 device/equipment on which information is stored and reproduced

Question 18

Case Law R v Misic

Answer 18

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