Dishonestly taking or using a document

Question 1

Penalty?

Answer 1

7 years

Question 2

What is the required intent?

Answer 2

That the defendant intended to obtain and must obtain by the deception

Question 3

Define Obtain

Answer 3

To obtain or retain for himself or herself or any other person

Question 4

Define Property

Answer 4

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 5

Define Service

Answer 5

in limited to financial or economic value and excludes privileges and benefits

Question 6

Define Pecuniary advantage

Answer 6

Anything that enhances a persons financial position

Question 7

Define Valuable consideration

Answer 7

Has a wider meaning then pecuniary advantage and is money or moneys worth

Question 8

Define Dishonestly

Answer 8

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 9

Define Claim of Right

Answer 9

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 10

Define Takes

Answer 10

when the offender moves the property or causes it to be moved

Question 11

Examples of a document

Answer 11

• CD
• USB drive
• Photograph
• Paper capable of being written or printed on

Question 12

Define attempts

Answer 12

Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
(2)
The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3)
An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.