Liability - Uses document 228(b)

Question 1

Define intent and related case law

Answer 1

Intent - mean to do it. They desire a specific result and act with the intent and purpose of achieving it.

R v Mohan - intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence

R v Waaka - a fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

Question 2

Define obtain s217

Answer 2

Obtain in relation to any person means to obtain or retain for himself or any other person

Question 3

Define property s2

Answer 3

includes any real or personal property, any estate, any interest in any real or personal propertuy, money , electricity, any debt, any thing in action or any other right or interest

Question 4

Define pecuniary advantage

Answer 4

Hayes v R - pecuniary advantage is anything that enhances the accused’s financial position. It is the enhancement that constitutes the element of advantage

Question 5

Define valuable consideration

Answer 5

Hayes v R - valuable consideration is anything capable of being valueable consideration, whether of a monetary kind or of any other kind, in short money or moneys worth

Question 6

Define dishonestly - s217 Ca

Answer 6

In relation to any act or ommission, means done or ommitted without a belief that there was express or implied consent to or authority for, the act or ommission, from a person entitled to give such consent or authority

Question 7

What is held in Hayes v R in relation to dishonesty

Answer 7

Hayes v R - the question is whether the belief is actually held, not whether that belief is reasonable. However reasonableness may be relevant as evidence on the issue of whether the belief was actually held.

Question 8

Define claim of right Sec2

Answer 8

in relation to any act means a belief at the time of the act in a possessory or proprietary right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance, mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed

Question 9

Define uses or attempts to use

Answer 9

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

Hayes v R - an unsuccessful use of a document is as much use as a succesful one… Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.

Question 10

Define Document s217

Answer 10

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

Question 11

What is held in R v Misic in relation to document

Answer 11

R v Misic - Essentially a document is a thing which provides evidence or information or serves as a record