Liabilities

Question 1

Dishonesty taking a document

Answer 1

S228(1)(a) 7 years

• dishonestly
• WCOR
• takes OR obtains
• any document
• with intent to obtain any P S PA VC

Question 2

Dishonestly using a document

Answer 2

S228(1)(b) 7 years

• dishonestly
• WCOR
• uses OR attempts to use
• any document
• with intent to obtain any P S PA VC

Question 3

Dishonestly

Answer 3

S217: done or omitted without a belief that there was consent or authority from a person entities to give such consent or authority

Hates v R: the question is whether the belief is actually held, not whether the belief is reasonable.

Question 4

Claim of right

Answer 4

S2: belief of possessory it proprietary right to the property

Question 5

Obtains

Answer 5

S217: to obtain or retain for himself or another

Question 6

Uses

Answer 6

S2: single action or continuing use

Question 7

Attempts to use

Answer 7

Hates v R: unsuccessful use of a document is much as an attempt as a successful use

Question 8

Document

Answer 8

R v Misic: essentially a document is a thing which provides evidence or information or serves as a record

Examples: paper used for writing, photographs, disc, tape that data is recorded on to.

Question 9

Service

Answer 9

R v Cara: Service is limited to financial or economic value and excludes privileges or benefits

Question 10

Pecuniary advantage

Answer 10

Hates v R: anything that enhances the accuses financial position

E.g discount on an item (using student ID)

Question 11

Valuable consideration

Answer 11

Hates v R: anything capable of being VC - money or moneys worth

E.g issuing a false invoice to receive payment for goods never supplied

Question 12

Nature of belief required

Answer 12

1. Belief must be on a proprietary or possessory right in property
2. Belief must be about the property in relation to the offence
3. Belief must be held at the time
4. Belief must be held by the defendant

Question 13

Taking

Answer 13

Read in conjunction with the definition of theft.

Theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 14

Attempts

Answer 14

S72: does or omits an act for the purpose of accomplishing their objective

Question 15

Obtains by deception (ownership)

Answer 15

S240(1)(a)

• by any deception
• WCOR
• obtains ownership OR possession of OR control over
• any P P S PA B VC
  directly OR indirectly

Question 16

Obtain by deception (service)

Answer 16

S240(1)(b)

• by any deception
• WCOR
• in incurring any debt OR liability
• obtains credit

Question 17

Obtain by deception (pecuniary advantage)

Answer 17

S240(1)(c)

• by any deception
• WCOR
• induces OR causes any other person to deliver over, execute, make, accept, endorse, destroy or alter
• any document or thing capable of being used to derive a pecuniary advantage

Question 18

Obtains by deception (cause loss)

Answer 18

S240(1)(d)

• by any deception
• WCOR
• causes loss to any other person

Question 19

Deception