Obtains by Deception - Altering Documents Flashcards

1
Q

Section and Penalty (Obtains by Deception - Altering Documents)

A

S240(1)(c) CA61

Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

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2
Q

Elements (Obtains by Deception - Altering Documents)

A

(1) By deception and without claim of right
(2) Induces or causes any other person to deliver over, execute, make, accept, endorse, destroy or alter
(3) Any document or thing capable of being used to derive a pecuniary advantage

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3
Q

Induces

Definition

A

Oxford Dictionary

To persuade, bring about or give rise to.

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4
Q

Deliver over, execute, make, accept, endorse, destroy or alter

Of note only

A
  • Deliver over is to surrender up someone or something
  • Execute is to put a course of action into effect
  • Endorse is to write or sign on a document
  • Alter is to change in character or composition, typically in a comparatively small but significant way
  • Accept is to receive something.
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5
Q

Document

Legislation

A

Sec. 217 Crimes Act 1961

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

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