S228 CA61

Question 1

Dishonest belief - Hayes v R

Answer 1

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 2

Unsuccessful v Attempted Use - Hayes v R

Answer 2

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 attempts relates to use, and not to the ultimate obtaining of a pecuniary advantage, which is not a necessary element of the offence.

Question 3

Document - R v Misic

Answer 3

Essentially a document is a thing which provides information, or evidence, or serves as a record.

Question 4

Document

Answer 4

Means -

a) any paper or material marked with matter that are capable of being read.

b) any film, video, photographs, negatives, or related items.

c) any disc, wire, soundtracks, tapes, card, or any other device in or on which information, sound, or any other data are stored, recorded, or embodied, so as to be capable of being reproduced.

d) any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for storing, recording or processing information

e) any material derived, whether directly or by means of any equipment, from information recorded, stored or processed by any device used for recording, storing, or processing information .

Question 5

Service

Answer 5

Limited to financial or economic value.

Question 6

Attempts - Three elements

Answer 6

Mens rea - the offender had the intention to commit the offence.

Actus reus - the offender acted or omitted to do something to achieve that end.

Proximity - the offenders actions or omissions were sufficiently close with the intended offence