Other offences Flashcards
Section 220, Crimes Act 1961
Theft by Person in Special Relationship
(1) Any person
(2) Who has received or is in possession of or has control over
(3) Any property in terms or in circumstances that the person knows require the person -
(a) to account to any other person for the property, or for any proceeds arising from the property, or
(b) to deal with the property, or any proceeds arising from the property, in accordance with the requirement of any other person
What are the two core elements (mental) of proof for theft by person in special relationship?
(a) person received property on terms or circumstances which affect what the accused may do with the property or its proceeds, or require the defendant to act in accordance with the requirements of another person (must know about terms/requirements)
(b) defendant intentionally departed from the relevant obligation
Section 256, Crimes Act 1961
Forgery
(1) Makes a false document, with intention of using it to obtain any property, service, pecuniary advantage, privilege, benefit or valuable consideration (10yrs)
(2) Makes a false document, knowing it to be false, with intent that it be used as genuine (3yrs)
When is forgery complete?
As soon as the false document is made with the intent specified.
Document does not need to be complete, as long as it is made with the intent that it be used as genuine
Is there a requirement that the false document is used (in forgery)?
No - as long as the false document was intended to be used.
Forgery is complete as soon as it is made with knowledge and intent (to use the false doc or to be acted upon as genuine)
What is a false document according to s255?
(a) Purports to be made my person who did not make it
(b) Purports to be made by or on behalf of a person who did not authorise its making
(c) Has been altered (whether by addition, insertion, deletion, obliteration, erasure, removal or otherwise) and purports to have been altered by someone who did not authorise its alteration
(d) A reproduction of any other document and purports to have been made by or on behalf of a person who did not make it or authorise its making
(e) Made in the name of a person, either by that person or by that person’s authority, with the intention that it should pass as being made by some other person who did not make it
Section 257, Crimes Act 1961
Using forged document - 10yrs
Knowing a document to be forged -
(a) uses the doc to obtain property, privilege, service, pecuniary advantage, benefit or valuable consideration
(b) uses, deals with or acts upon the doc as if it were genuine
(c) causes any other person to use, deal with, or act upon as if it were genuine
What must you prove for knowledge regarding using a forged document (s257)?
(1) Defendant knew the document was a forgery at the time of the using, dealing, acting upon
(2) The document was false
(3) The ‘user’ knew the doc had been made with the knowledge and intent required under 256
Section 258, Crimes Act 1961
Altering or reproducing documents - 10yrs
With intent to obtain by deception, any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any person -
(a) alters, conceals or destroys any document, or causes any document to be altered, concealed or destroyed
(b) makes a document or causes a document to be made that is (in whole or in part) a reproduction of any other document
When is the offence of altering or reproducing a document complete?
As soon as the alteration or document is made with the intent specified in that subsection.
What is the difference between forgery vs altering/reproducing a document?
Forgery = intent to deceive only (no intent to obtain by deception)
Altering/concealing/destroying/reproducing = must prove that intended to obtain. by deception
Section 259, Crimes Act 1961
Using altered or reproduced document with intent to deceive - 10yrs
Knowing any document to have been made or altered in the manner and intent referred to in s258, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person -
(a) uses or deals with or acts upon the document
(b) causes any person to use or deal with, or act upon the document
What are the mental elements of using altered/reproduced documents?
(1) Defendant knew that the document has been altered with intent to deceive
(2) Defendant intended, by the documents using, to obtain by deception any property, privilege, service etc or cause loss to any other person
(3) Intention to acquire or retain the property, or to cause loss by deception
