Dishonestly Using a Document S228(1)(b)

Question 1

Dishonestly using a Document

Act, Section, Penalty

Answer 1

Crimes Act 1961
Section 228(1)(b)
7 years imprisonment

Question 2

Dishonestly using a Document

List Elements

Answer 2

1) Dishonestly

2) Without Claim of Right

3) Uses OR
Attempts to use

4) Any document

5) With intent to obtain any
Property OR
Service OR
Pecuniary Advantage OR
Valuable Consideration

Question 3

Dishonestly Defined

Element 1, card 1/1. S228(1)(b)

Answer 3

Dishonestly defined (s217 CA 1961)

An act done or omitted without a belief that there was consent or authority from a person entitled to authorise it.

Question 4

Without claim of right defined

Element 2, card 1/1. S228(1)(b)

Answer 4

Without claim of right (s2 CA 1961)

No belief there was possessory or proprietary right to the property.

Question 5

Uses defined

Element 3, card 1/2. S228(1)(b)

Answer 5

Uses: A single action or continued use

Question 6

Attempts to Use defined

Element 3, card 2/2. S228(1)(b)

Answer 6

Attempts to use caselaw:
Hayes v R – An unsuccessful use of a document is as much a use as a successful one.

Question 7

Any document (Defined)

Element 4, card 1/1. S228(1)(b)

Answer 7

Any Document defined using caselaw:

R v Misic – A document is a thing which provides evidence or information or serves as a record.

TIP: Remember that Misic similar to Misc i.e. Miscellaneous meaning a mixture of various things (which can serve as a document.)

Question 8

Intent defined
(Criminal law context)

Element 5, card 1/6. S228(1)(b)

Answer 8

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.

Simple answer: a deliberate act in order to get a specific result

Question 9

Intent
Caselaw

Element 5, card 2/6. S228(1)(b)

Answer 9

R v Collister: Intent is inferred from the offenders words and actions, before/during/after, the surrounding circumstances, and the nature of the act itself.

Question 10

Property Defined

Element 5, card 3/6. S228(1)(b)

Answer 10

Section 2 CA1961

Property - any real or personal property, estate or interest

Question 11

Service defined

Element 5, card 4/6. S228(1)(b)

Answer 11

Caselaw:
R v Cara - service is limited to financial or economic value

Question 12

Pecuniary Advantage

Element 5, card 5/6. S228(1)(b)

Answer 12

Caselaw:
Hayes v R – Anything that enhances the accused’s financial position

TIP: Examples
- Cash from stolen goods.
- Clothing or cash obtained by a credit or EFTPOS card.
- A discount (by using a student ID card).
- Avoiding or deferring payment of a debt.

Question 13

Valuable Consideration

Element 5, card 6/6. S228(1)(b)

Answer 13

Caselaw:
Hayes v R - Anything capable of being valuable consideration. Money or money’s worth.

TIP: Examples
- 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