Takes or Obtains a Document

Question 1

Takes or Obtains a Document

Answer 1

Section 228 (1) (a) Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Elements

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

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

Obtain

Answer 5

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

Question 6

Property

Answer 6

Property includes any real or 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
Section 2, Crimes Act 1961

Question 7

Service

Answer 7

Not defined in the Crimes Act 1961

Question 8

Pecuniary Advantage

Answer 8

Basically means an ‘economic or monetary advantage’

Question 9

Hayes v R - Pecuniary Advantage

Answer 9

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

Question 10

Hayes v R - Valuable consideration

Answer 10

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”

Question 11

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

Claim of right

Answer 12

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 face or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 13

Takes

Answer 13

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

Question 14

Obtains

Answer 14

To obtain or retain for themselves or another person.

Section 217 Crimes Act 1961

Question 15

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
Section 217, Crimes Act 1961

Question 16

R v Misic

Answer 16

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