Uses / attempts to use a document

Question 1

section

Answer 1

228b 7 years imprisonment

Question 2

Ingredients

Answer 2

.1
With intent to obtain any Property, service, Pecuniary Advantage or
valuable consideration
.2 Dishonestly
3
And
Without Claim of Right
4
Uses
or attempts to use any document

Question 3

insides

Answer 3

1 Intent   
  R v Mohan
  R v Waaka
  R v Morley
  Obtain sec 217
  Property
  Pucunary advantage Hayes V R
 Valuable consideration Hayes v R
  Dishonestly sec 217
  dishonestly Hayes V R
  Claim or right sec 2
  Uses or attmempts to use def
  Uses or attempts to use Hayes v R
  Document  Sec 217
  Document R v misic

Question 4

.1
With intent to obtain any Property, service, Pecuniary Advantage or
valuable consideration

Answer 4

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


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 Mohan

A “fleeting or passing thought” is not sufficient; there must be a “firm
intent or a firm purpose to effect an act”.
R v Waaka

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.
R v Morley

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


Property
Property includes real and 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.
Sec. 2, Crimes Act 1961


or

Service

Or

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

Or

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”.
Hayes v R

Question 5

2.Dishonestly

Answer 5

Dishonestly:
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.
Sec. 217, Crimes Act 1961


The question is whether the 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: Hayes v R

Question 6

3
And
Without Claim of Right

Answer 6

Claim of Right:
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
Sec. 2 Crimes Act 1961

Question 7

.4
Uses
or attempts to use any document

Answer 7

Uses or attempts to use
The prosecution must prove that the offender used or attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration.


An unsuccessful use of a document is as much use as a successful one. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.”
Hayes v R

Document
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
Sec. 217 Crimes Act 1961

“Essentially a document is a thing which provides evidence or information or serves as a record.”
R v Misic