Liability 228(1)(b)

Question 1

Uses / Attempts to use a Document

Section and Penalty

Answer 1

Section 228(1)(b) Crimes Act 1961

7 Years Imprisonment

Question 2

Uses / Attempts to use a Document

Ingredients

Answer 2

.1 With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration

.2 Dishonestly

.3 And without claim of right

.4 Uses
OR
Attempts to use any Document

Question 3

.1 With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration

Answer 3

Intent:
In a criminal law context there are two specific types of intention. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

_____

Obtain:
Obtain or retain for himself, herself or any other person.
Sec. 217, Crimes Act 1961

_____

Property:
Property includes real and personal property and any estate or interest in the property. Includes money, electricity, debt, anything in action or any other rights and interest.
Sec. 2, Crimes Act 1961

OR

Service:
Not defined under Crimes Act 1961.

OR

Pecuniary Advantage:
Economic or monetary advantage.

Pecuniary Advantage:
Anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Hayes v R

OR

Valuable Consideration:
Anything capable of being a valuable consideration, whether of a monetary kind or of any other kind; in short money or money’s worth.
Hayes v R

Question 4

.2 Dishonestly

Answer 4

In relation to any act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Sec. 217, Crimes Act 1961

Question 5

.3 And without claim of right

Answer 5

In relation to any act, means the 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.
Sec. 2, Crimes Act 1961

Question 6

.4 Uses
OR
Attempts to use any Document

Answer 6

Uses or Attempts to Use
The prosecution must prove that the offender used or attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration.

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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.
Hayes v R

_____

Document:
Includes part of a document in any form, and includes:
- paper/material containing anything that can be read
- photos, negatives and related items
- discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced.
Sec. 217, Crimes Act 1961

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Document:
Is a thing which provides evidence or information or serves as a record.
R v Misic