Uses/Attempts to use a document

Question 1

Uses/Attempts to use a document - section and ingredients

Answer 1

Section 228(b) of crimes act - 7years

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 2

What must the Prosecution prove to fulfil the ingredient of uses or attempts to use any document

Answer 2

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

Question 3

Hayes v R on the use of a document

Answer 3

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

Question 4

What is intent

Answer 4

When a person means to do something, they desire a specific result and act with the aim or purpose of achieving it

Question 5

R v Mohan on intent

Answer 5

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

Question 6

R v Waaka on intent

Answer 6

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

Question 7

R v Morley on intent to deceive

Answer 7

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 8

Obtain definition under section 217 of crimes act

Answer 8

Obtain, in relation to any person means to obtain or retain for himself or herself or for any other person

Question 9

Property definition under section 2 of crimes act

Answer 9

Property 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 10

Privilege or Benefit is what?

Answer 10

A special right or advantage

Question 11

Hayes v R on pecuniary advantage

Answer 11

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

Question 12

Hayes v R on valuable consideration

Answer 12

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 13

Dishonestly definition under section 217 of crimes act

Answer 13

In relation to an act or omission, means done or omitted without 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 14

Hayes v R on belief of consent

Answer 14

The question is whether 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

Question 15

Claim of right definition under section 2 of crimes act

Answer 15

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

Question 16

Document definition under section 217 of crimes act

Answer 16

Includes part of a document in any form and includes

• paper/material 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

Question 17

R v Misc on what a document is

Answer 17

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