Uses/Attempts to use a document

Question 1

Uses/Attempts to use a document

Answer 1

Section 228 (1) (b) Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Elements

Answer 3

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 4

Intent

Answer 4

In a criminal law context 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.

Question 5

Obtain

Answer 5

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

Question 6

Property

Answer 6

Property includes any real or 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
Section 2, Crimes Act 1961

Question 7

Service

Answer 7

Not defined in the Crimes Act 1961

Question 8

Pecuniary advantage

Answer 8

Basically means an ‘economic or monetary advantage’

Question 9

Hayes v R - Pecuniary advantage

Answer 9

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

Question 10

Hayes v R - Valuable consideration

Answer 10

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 11

Dishonestly

Answer 11

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.

Question 12

Claim of right

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 face or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Section 2, Crimes Act 1961

Question 13

Uses or Attempts to use

Answer 13

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

Question 14

Hayes v R - Attempts

Answer 14

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 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.

Question 15

Document

Answer 15

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
Section 217, Crimes Act 1961

Question 16

R v Misic

Answer 16

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