Liabilities

Question 1

Takes or Obtains a Document
Section 228(a) Crimes Act 1961
7years

Answer 1

1. With intent to obtain any property, service, pecuniary advantage, or valuable consideration
   - Intent, Mohan, Waaka
   - Obtain
   - Property OR Service OR Pecuniary Advantage (Hayes v R) or Valuable Consideration (Hayes v R)
2. Dishonestly
   - Dishonestly, Hayes v R
3. And without claim of right
   - Claim of right
4. Takes or obtains any document
   - Takes sec 219(4)
   - Obtains sec. 217
   - Document sec. 217
   - R v Misic

Question 2

Uses or Attempts to use a Document
Section 228(b) Crimes Act 1961
7 years

Answer 2

1. With intent to obtain any property, service, pecuniary advantage or valuable consideration
   - Intent, Mohan, Waaka, Morley
   - Obtain sec. 217
   - Property OR Privilege or benefit OR Service OR Pecuniary Advantage (Hayes v R) or Valuable Consideration (Hayes v R)
2. Dishonestly
   - Dishonestly sec. 217, Hayes v R
3. And without claim of right
   - Claim of Right sec. 2 Crimes Act 1961
4. Uses or Attempts to use any document
   - Uses or Attempts to use, Hayes v R
   - Document sec. 217
   - R v Misic

Question 3

Obtaining by Deception
Section 240(1)(a) Crimes Act 1961
3months/1yr/7yrs

Answer 3

1. By any deception
   - Deception s240
   - False representation
   - Intent to Deceive, R v Morley, R v Laverty
2. Without Claim of Right
   - Claim of Right sec. 2
3. Obtains Possession of or control over any property, or any privilege, service, pecuniary advantage, or benefit or valuable consideration
   - Obtains sec 217
   - Possession, Actual Possession, Warner v Metropolitan Police Commissioner, Constructive Possession
   - Property OR Privilege or benefit OR Service OR Pecuniary Advantage (Hayes v R) OR Valuable Consideration (Hayes v R)

Question 4

Obtaining by Deception
Section 240(1)(b) Crimes Act 1961
7years

Answer 4

1. By any deception
   - Deception s240, R v Morley
2. And without claim of right
   - Claim of right sec. 2
3. In incurring any debt or liability
   - Debt, Liability,
4. Obtains Credit
   - Credit, R v McKay

Question 5

Obtaining by Deception
Section 240(1)(d) Crimes Act 1961
7years

Answer 5

1. By any deception
   - Deception s240, R v Morley
2. And Without Claim of Right
   - Claim of right sec. 2
3. Causes loss to any person
   - Loss
   - Person
   - Person sec. 2 (includes owners etc)