Dishonestly Taking or Using a Document Flashcards
Dishonestly taking or obtaining any document
Act/Section/Elements
Crimes Act 1961 Section 228(1)(a)
- With intent to obtain any
- Property, Service, Pecuniary Advantage or Valuable Consideration - Dishonestly
- And without claim of right
- Takes or obtains any document
Intent defintion
In a criminal law context there are two specific types of intention in an offence. Firstly, an intention to commit the act and secondly, an intention to get a specific result
Note: The defendant must have intended to obtain, and he or she must intend to obtain by deception.
Obtain defintion
To obtain or retain for himself, herself or for any other person.
Property definition
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity, debt, anything in action and any other right or interest
Service definition
R v Cara
R v Cara
Service is limited to financial or economic value, and excludes privilege or benefits.
Pecuniary advantage
Caselaw - Hayes v R
Hayes v R
A pecuniary advantage is anything that enhances the accused’s financial position. It is the enhancement which constitutes the element of advantage.
Valuable consideration
Caselaw - Hayes v R
Hayes v R
Anything capable of being valuable, whether of a monetary kind or of any other kind; in short, money or money’s worth.
Examples of valuable consideration: (3 points)
- 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
Dishonestly definition
Dishonestly 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.
Dishonestly
Caselaw - Hayes v R
Hayes v R
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.
Claim of right and four beliefs
A belief in proprietary or possessory right in property at the time of the act. The belief may be based on mistake of fact or ignorance.
Four beliefs -
- Belief in a proprietary or possessory right in the property
- Belief to the right to the property in relation to which the offence is alleged to have been committed
- Belief is held at the time of the conduct
- Belief must actually be held by the defendant
Taking definition
For tangible property, theft is committed by a taking when the offender moves the property or caused it to be moved.
Document defintion
Caselaw - R v Misic
Document means a document, or part of a document, in any form.
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record.
Dishonestly uses or attempts to use document
Act/Section/Elements
Act 1961 Section 228(1)(b)
- 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
Use or attempts to use definition
Caselaw - Hayes v R
Hayes v R
An unsuccessful use of a document is as much use as a successful one. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.
