Takes or Obtains a Document

Question 1

Takes or Obtains a Document - Section and Ingredients

Answer 1

Section 228(a) of Crimes Act 1961 - 7 years

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 2

What is “intent”

Answer 2

When a person means to do something, they desire a specific result and act with the aim or purpose of achieving it

Question 3

R v Mohan on intent

Answer 3

Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence

Question 4

R v Waaka on intent

Answer 4

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

Question 5

Obtain definition under section 217 of crimes act 1961

Answer 5

Obtain, in relation to any person means to obtain or retain for himself or herself or for any other person

Question 6

Property definition under section 2 of crimes act 1961

Answer 6

Property includes real and personal property and 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

Question 7

What is a pecuniary advantage

Answer 7

An economic or monetary advantage

Question 8

Hayes v R on pecuniary advantage

Answer 8

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

Question 9

Hayes v R on valuable consideration

Answer 9

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 10

Dishonestly definition under section 217 of crimes act

Answer 10

In relation to an act or omission, means done or omitted without 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 11

Hayes v R on belief of consent

Answer 11

The question is whether 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

Question 12

Claim of right definition under section 2 of the crimes act

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

Question 13

Takes definition under section 219(4) of the crimes act

Answer 13

For tangible property theft is committed by a taking when the offender moves the property or causes it to be moved

Question 14

Document definition under section 217 of crimes act

Answer 14

Includes part of a document in any form and includes

• paper/material 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

Question 15

R v Misc on what a document is

Answer 15

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