Takes or obtains a document

Question 1

section

Answer 1

228a CA 61- 7 years imprisonment

Question 2

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. takes or obtains any document

Question 3

inside titles

Answer 3

1. intent
   Rv Mohan
   Rv Waaka
  Obtain - section 217
  Property sec 2
  Pecuanary advantage
  Pecunary advantage - Hayes V R
   Valuable consideration - Hayes V R

2. Dishonestly Section 217
   Dishonestly Hayes V R
3. Claim of right sec 2

4 Takes- Sec 219(4)
OR
Obtains Sec 217

Document Sec 217
R v Misic

Question 4

With intent to obtain any Property, service, Pecuniary Advantage or valuable consideration

Answer 4

ntent -
A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it


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 Mohan

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
R v Waaka

Obtain
Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person.
Sec. 217, Crimes Act 1961


Property
Property includes real and personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.
Sec. 2, Crimes Act 1961


Or


Service –

Or


Pecuniary advantage - ‘economic or monetary advantage’

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


Or

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”.
Hayes v R

Question 5

.2 Dishonestly

Answer 5

Dishonestly:
In relation to an act or omission, means done or omitted without a belief that there was express 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


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:
Hayes v R

Question 6

.3
And
Without Claim of Right

Answer 6

Claim of Right
In relation to any act, means a 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 7

.4
Takes
or Obtains any document

Answer 7

Takes –
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Sec. 219(4), Crimes Act 1961

OR
Obtains -
To obtain or retain for themselves or another person Sec. 217 Crimes Act 1961


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

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