Takes Or Obtains A Document

Question 1

Name the Act and Section for Takes or Obtains a Document:

Answer 1

Section 228(1)(a) Crimes Act 1961

Question 2

What is the penalty for Takes or Obtains a Document:

Answer 2

7 years

Question 3

Name 4 ingredients for Takes or Obtains a Document:

Answer 3

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 4

In relation Takes or Obtains a Document define intent:

Answer 4

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 5

In relation to Takes or Obtains a Document define Obtain:

Answer 5

Means to obtain or retain for himself or herself or for any other person. S217 Crimes Act 1961

Question 6

In relation to Takes or Obtains a Document define Property:

Answer 6

Property includes real and personal property and any estate or interest in any real or personal property, money, electricity and debt, and any thing in action, and any other right or interest.
S2, Crimes Act 1961

Question 7

Define Service in relation to Takes or Obtains a Document:

Answer 7

Not defined in the Crimes Act 1961

Question 8

Define Pecuniary Advantage:

Answer 8

Basically means an economic or monetary advantage.

Question 9

According to Hayes v R a pecuniary advantage is:

Answer 9

A pecuniary advantage is “anything that enhances the accusers financial position. It is that enhancement which constitutes the element of advantage.”

Question 10

According to Hayes v R a valuable consideration is:

Answer 10

“Anything capable of being valuable consideration, whether of a monetary kind or any other kind; in short, money or money’s worth.”

Question 11

In relation to Takes or Obtains a Document define Dishonestly:

Answer 11

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.

Question 12

Define claim of right:

Answer 12

In relation Ro 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.
S2 Crimes Act 1961

Question 13

Define Takes:

Answer 13

For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved.
S217 Crimes Act 1961

Question 14

Define Obtains:

Answer 14

To obtain or retain for themselves or another person

S217 Crimes Act 1961

Question 15

Define Document:

Answer 15

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
S217 Crimes Act 1961

Question 16

According to R v Misic a document is:

Answer 16

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