Elements of uses / attempts to use document Flashcards
Uses or attempts to use - 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 treated the same as an attempted one.
The concept of attempt relates to use, not to the obtaining of a pecuniary advantage, (which is not a necessary element 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.”
Attempts Definition
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.
-Must have intent to commit the full offence and have been immediately proximate or connected with the offence.
