Dishonestly Taking or Using a Document

Question 1

Case law for Document

Answer 1

R v Misic

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

Question 2

What is required for intent?

Answer 2

The defendant must intend to obtain and intend to obtain by deception

Question 3

Definition

Pecuniary Advantage

Answer 3

Hayes v R

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

Question 4

Penalty

Answer 4

7 Years

Question 5

Definition

Takes or Obtains

Answer 5

For the purpose of this section means the same as theft

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved

Question 6

What is the case law that relates to Dishonestly

Answer 6

Hayes v R

The question is whether the belief is actually held, not if it is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held.

Question 7

Definition

Property

Answer 7

Property includes any real or 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 8

Definition

Obtain

Answer 8

In relation to any person means to obtain or retain for themselves or for any other person

Question 9

Offence - Dishonestly Takes or Obtains a Document

Answer 9

S228(1)(a) CA 1961

Everyone who with intent to obtain any property, service, pecuniary advantage or valuable consideration dishonestly and without claim of right takes or obtains any document or

Question 10

Definition

Valuable Consideration

Answer 10

Money or moneys worth

Question 11

Definition

Service

Answer 11

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

Question 12

What is the difference between a valuable consideration and a pecuniary advantage?

Answer 12

A valuable consideration has a wider scope in what it incorporates

Question 13

Definition of attempt

Answer 13

S72 CA 1961

Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing their object is guilty of that offence even if in the circumstances it was possible to commit the offence or not.

Question 14

Definition

Dishonestly

Answer 14

Section 217 CA 1961

In relation to any 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 15

Case law for uses or attempts to use

Answer 15

Hayes v R

An unsuccessful use of a document is as much use as a successful one. The concept of attempt relates to the use and not the obtaining of a pecuniary advantage as this is not a necessary element of the offence. Because the use does not have to be successful it may be difficult to distinguish between use and attempted use

Question 16

Section

Answer 16

S228(1) CA 1961

Question 17

Offence - Dishonestly Uses or Attempts to use a document

Answer 17

S228(1)(b) CA 1961

Everyone who with intent to obtain any property, service, pecuniary advantage or valuable consideration dishonestly and without claim of right uses or attempts to use any document

Question 18

Definition

claim of right

Answer 18

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