Uses/attempts to use a document

Question 1

Section and penalty

Answer 1

s228(1)(b)

7 years

Question 2

Elements

Answer 2

with intent to obtain any property, service, pecuniary advantage, or valuable consideration

dishonestly

and without claim of right

uses OR attempts to use

any document

Question 3

Uses or attempts to use

Answer 3

‘Use” can include a single action, such as the handling over of a document to its intended recipient, or the continuing use of a document.

Question 4

Hayes v R - use of a document

Answer 4

An unsuccessful use of a document is as much use as a successful one.

An unsuccessful use must not be equated conceptually with an attempted one.

The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary element of the offence.

It may be difficult to draw a clear line between use and attempted use.

Question 5

Attempts definiton

Answer 5

As per s72 CA

Every who

having intent to commit an offence

does or omits an act for the purpose of accomplishing his object

is guilty of an attempt to commit the offence