Uses A Document

Question 1

Penalty

Answer 1

7 Years Imprisonment

Question 2

Ingredients

WITOAPOSOPAOVC
DWCORUATUAD

Answer 2

1) With intent to obtain any Property OR Service OR Pecuniary Advantage OR Valuable Consideration
2) Dishonestly
3) Without Claim of Right
4) Uses / Attempts to use any Document

Question 3

Intent

APDSIITMTDI. TDASRAAWTAOPOAI

Answer 3

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.

Question 4

Case law:
R v Mohan

ADTBA, ISFAILWTAP, TCOTO

Answer 4

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

Question 5

Case law:
R v Waaka

AFOPTINS. TMBAFAOFPTEAA.

Answer 5

A fleeting or passing thought is not sufficient. There must be a firm act or firm purpose to effect an act.

Question 6

Case law:
R v Morley

AITDRTTDIPIOTDTAP. PIINAMEATTOTD

Answer 6

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

Question 7

Obtain - Sec 217 Crimes Act 1961

IRTAPMTOORFHHSOFAOP

Answer 7

In relation to any person means to obtain or retain for him/her self or for any other person.

Question 8

Property - Sec 2 Crimes Act 1961

IRAPP, AAEOIIAROPP, M, E AADAAIAAAOROI

Answer 8

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 9

Or Pecuniary Advantage

EOMA

Answer 9

Economic or monetary advantage.

Question 10

Dishonestly - Sec 217 Crimes Act 1961

IRTAAOO, MDOOWEOICT, OAF, TAOOFAPETGCOA

Answer 10

In relation to any act or omission, mean done or omitted without express or implied consent to, or authority for, the act or omission from a person entitled to give consent or authority.

Question 11

Claim of Right - Sec 2 Crimes Act 1961

IRTAA, MABATTOTAIAPOPRIPIWTOIATHBC, ATBMBBOI, OMOFOOAMOLOTTEAWTOIATHBC

Answer 11

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in 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 12

Uses

UCIASASATHOOTDTIIROTCUOAD

Answer 12

Use can include a single action such as the handing over of the document to it’s intended recipient or the continuing use of a document.

Question 13

Document

IPOADIAF, AI

P/MCATCBR
P, NARI
D, T COOD/EOWIISACBR

Answer 13

Includes part of a document in any form, and includes:

1) Paper/material containing anything that can be read
2) Photos, negatives and related items
3) Discs, tapes, cars or other devices/equipment on which information is stored and can be reproduced.

Question 14

Section and act

Answer 14

Sec 228(b) Crimes Act 1961

Question 15

Case law:
R v Hayes (advantage)

ATETAFP. IITEWCTEOA

Answer 15

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

Question 16

Case law:
R v Hayes (belief)

TQIWTBIAH, NWTBIR

Answer 16

The question is whether the belief is actually held, not whether the belief is reasonable.