Liabilities

Question 1

Dishonestly Takes or Obtains a Document

Liability

Answer 1

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

1) With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
     Hayes v R
2) Dishonestly
3) And Without Claim of Right
4) Takes or Obtains any document
     R v Misic

Question 2

Dishonestly Uses or Attempts to Use a Document

Liability

Answer 2

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

1) With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
     R v Cara
     Hayes v R
2) Dishonestly
3) And Without Claim of Right
4) Uses or Attempts to use any document
     Hayes v R
     R v Misic

Question 3

Obtains by Deception - Property

Liability

Answer 3

S240(1)(a) CA61
$1000 7yr / $500 - $1000 1yr / $500 - 3mth

(1) By deception and without claim of right
R v Morley - intent to decieve
R v Morley - representaion
R v Harney
(2) Obtains ownership or possession of, or control over
R v Cox
(3) Any property, privilege, service, pecuniary advantage, benefit or valuable consideration, directly or indirectly
Hayes v R

Question 4

Obtains by Deception - Credit

Liability

Answer 4

S240(1)(b) CA61
$1000 7yr / $500 - $1000 1yr / $500 - 3mth

(1) By deception and without claim of right
R v Morley - intent to decieve
R v Morley - representaion
R v Harney
(2) In incurring any debt or liability, obtains credit
Fisher v Raven
R v Mckay

Question 5

Obtains by Deception - Altering Documents

Liability

Answer 5

S240(1)(c) CA61
$1000 7yr / $500 - $1000 1yr / $500 - 3mth

(1) By deception and without claim of right
R v Morley - intent to decieve
R v Morley - representaion
R v Harney
(2) Induces or causes any other person to deliver over, make, execute, endorse, accept, alter or destroy
R v Laverty
(3) Any document or thing capable of being used to derive a pecuniary advantage
R v Misic

Question 6

Obtains by Deception - Causes Loss

Liability

Answer 6

S240(1)(d) CA61
$1000 7yr / $500 - $1000 1yr / $500 - 3mth

(1) By deception and without claim of right
     R v Morley - intent to decieve
     R v Morley - representaion
     R v Harney
(2) Causes loss to any other person
     R v Morley - Causes Loss