Takes or Obtains a document

Question 1

What is the act, section and penalty for take or obtains a document

Answer 1

S228(a) CA 61

7 yrs

Question 2

What the 4 elements

Answer 2

1- With INTENT to OBTAIN any 
Property
Service
Pecuniary advantage 
Value Consideration 

2- Dishonestly

3- Without claim of right
4-Takes OR obtained any document

Question 3

What 2 point need to be covered with INTENT TO OBTAIN

Answer 3

Intent
- There are 2 specific types of intent in an offence. The first there must be intention to commit an act. Second there must be an intent to get a specific result.

Obtain- S217 CA 61
- Obtain means to obtain, retain for himself or herself or any other person

Question 4

Service

Answer 4

Not defined in CA61

Question 5

What 2 point needs to be cover for PECUNIARY ADVANTAGE plus the case law

Answer 5

Pecuniary advantage
- Basically means an economic or monetary advantage

R v Hayes
- A pecuniary advantage is something that enhances the accused financial position. It is that enhancement which constitutes the element of advantage

Question 6

What case law is there in relation to Valuable consideration

Answer 6

Valuable Consideration - R v Hayes
- Valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind. In short money or moneys worth.

Question 7

What is the definition and section for DISHONESTLY

Answer 7

Dishonestly- S217 CA 61
- An act or omission done or omitted without a belief that there was express or implied consent to the act or omission from a person in a position to give that consent

Question 8

What is the definition and section for CLAIM OF RIGHT

Answer 8

Claim of right -S2 CA61
- In relation to any act means a belief at the time of the act in a proprietary or possessory right in the property in which the alleged offence has 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

Question 9

What is the definition and section for TAKES

Answer 9

Takes- S219(4) CA61

- For tangiable property theft is complete by a taking when the offender moves or causes it to be moved.

Question 10

OBTAINS

Answer 10

Obtains - S217 CA61

- To obtain or retain for themselves or other person

Question 11

What is definition of document plus the case law?

Answer 11

Document - S217 CA61
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 that can store information.

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

Question 12

Property?

Answer 12

Property- S2 CA61
- Includes any real or personal property any estate or any interest any real or property, money, electricity or debt and anything in action or right of interest