Dishonesty Flashcards
What is the section and act for, Dishonestly taking or using a document?
Section 228(1) Crimes Act 1961.
What are the elements of Dishonestly taking or using a document?
- Dishonestly
- without claim of right
- takes or obtains
- uses or attempts to use
- any document
- with intent to obtain any
- property
- service
- pecuniary advantage
- valuable consideration
In relation to ‘dishonestly’, what does Section 217 Crimes Act 1961?
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.
In relation to ‘without claim of right’, Section 2 Crimes Act 1961, states what?
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.
What is explained in Section 219(4) Crimes Act 1961?
In relation to takes / obtains.
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
In relation to ‘obtains’, what does section 217 Crimes Act 1961 explain?
in relation to any person, means to obtain or retain for himself or herself or for any other person.
USES / ATTMEPTS TO USE
What is stated in Adams on Criminal Law 228.04?
“use” can include a single action, such as the handing over of a document to its intended recipient, or the continuing use of a document.
CASE LAW:
HAYES V R
“An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. the concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary ingredient of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.”
R V MISIC
When explaining ‘any document’…
“Essesntially a document is a thing which provides evidence or information or serves as a record.”
Section 217 defines ‘any document’ as what?
(a)-(e)
A document means a document, or part of a document, in any form and includes, without limitation:
(a) any paper or material used for writing or printing that is marked with matter capable of being read; or
(b) any photograph, or any photographic negative, plate, slide, film, or microfilm, of any photostatic negative; or
(c) any disc, tape, wire, sound track, car or other material or device in or on which information, sounds, or other data are recorded, stored (temp or permanent) or embodied so as capable, with or without the aid of some other equipment, of being reproduced, or
(d) any material by means of which any information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information; or
(e) any material derived, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information
Property
Section 2 Crimes act 1961 explains what?
includes real and personal property, and any estate or interest in any real or personal property, (money, electrical) and any debt, and any thing in action, and any other right or interest.
What is stated in regards to ‘Service’ in:
R V CARA
“service is limited to finacial or economic value, and excludes privileges or benefits.”
Percuniary advantage
HAYES V R
a pecuniary advantage is “anything that enhances the accused’s financial position. It is that enchancement which constitues the element of advantage.”
Valuable consideration
HAYES V R
a valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or moneys worth.”
