Takes or Obtains a Document Flashcards
Section
Section 228(a), Crimes Act 1961
Penalty
7 years
Ingredients
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
Intent
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
R v Mohan
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 Waaka
A Fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act”
Obtain
Obtain in relation to any person, means obtains or retains for himself or herself or for any other person.
Property
- Real and personal property
- any estate or interest in any real or personal property
- Money, electricity and any debt
- And anything in action, and any other right or interest
Pecuniary advantage
-Economic or monetary advantage
Hayes v R
Pecuniary advantage
A pecuniary advantage is “anything that enhances the accused’s financial position. It us that enhancement which constitutes the element of advantage”
Hayes v R
Valuable consideration
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.
Dishonesty
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.
Hayes v R
Dishonest
The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence in the issue of whether the belief was actually held.
Claim of right
Section 2 Crimes Act 1961
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 of any matter of law other than the enactment against which the offence is alleged to have been committed
Takes
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Document
Includes part of a document in any form, and includes
- Paper/material containing anything that can be read
- Photo, negatives and related items
- Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced
R v Misic
Document
Essentially a document is a thing which provides evidence or information or serves as a record
