Dishonestly Uses or Attempts to Use a Document

Question 1

Section and Penalty (Dishonestly Uses or Attempts to Use a Document)

Answer 1

Section 228(1)(b) Crimes Act 1961

7 years imprisonment

Question 2

Elements (Dishonestly Uses or Attempts to Use a Document)

Answer 2

1) With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
2) Dishonestly
3) And Without Claim of Right
4) Uses or Attempts to use any document

Question 3

Intent

Intent to Obtain

Answer 3

In a criminal law context 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.

The defendant must intend to obtain, and he or she must intend to obtain by the deception.

Question 4

Service

R v Cara

Answer 4

R v Cara

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

Question 5

Dishonestly

Answer 5

S217 CA61

Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 6

Claim of Right

Answer 6

S2 CA61

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 7

Attempt

Legislation

Answer 7

S72(1) CA61

Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.