Uses/Attempts to Use a Document Flashcards
Uses/Attempts to use a Document - Section, Act and Penalty
S228(1)(b) CA61
7 Years Imprisonment
Uses/Attempts to use a Document - Ingredients
- 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
With intent to obtain any property, service, pecuniary advantage or valuable consideration - what to cover for liability
- Definition of Intent, AND
- Definition of Obtain, AND
- Definition of Property
OR
Definition of Service
OR
Definition of Pecuniary Advantage and case law R v Hayes
OR
Case law R v Hayes for Valuable Consideration
Definition of Intent
In a criminal law contest there are two specific types of intention in an offence. Firstly there must be an intention to commit the act, and secondly an intention to get a specific result.
Definition of Obtain
S217 CA61
Obtain, in relation to any person, means to obtain or retain for himself or herself or any other person
Definition of Property
S2 CA61
Means any real or personal property, or 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.
Definition of Service
Not defined in CA61
Definition of Pecuniary Advantage and Case Law R v Hayes
Basically means an economic or monetary advantage.
R v Hayes
A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Case law R v Hayes for Valuable Consideration
R v Hayes
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
Dishonestly - what to cover for liability
Definition of Dishonestly
Definition of Dishonestly
S217 CA61
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.
And without Claim of Right - what to cover for liability
Definition of Claim of Right
Definition of Claim of Right
S2 CA61
In relation to any act, means a belief at the time of the act in a propriety 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, mistake of fact, or any other matter of law other thanthe enactment against which the offence is alleged to have been committed.
Uses or Attempts to Use any document - what to cover for liability
- What the prosecution must prove for uses or attempts to use
- Case Law Hayes v R (on use of a document)
- definition of a document
- R v Misic
Uses or Attempts to Use - what the prosecution must prove
The prosecution must prove that the offender use or attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration.
Case Law Hayes v R (on use of a document)
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 of obtaining pecuniary advantage, which is not a necessary ingredient of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.
Definition of a Document
S217 CA61
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 device/equipment on which information is stored and reproduced
Case Law R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
