Uses/Attempts to use Document Flashcards
Section
Section 228(b), Crimes Act 1961
Penalty
7 years
Ingredients
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
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
Hayes v R
Use v Attempted to use
An unsuccessful use of a document is as much 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 to use.
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.
Dishonesty
R v Morley
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception
“anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short money or money’s worth.
Valuable consideration
Hayes v R
“anything that enhances the accused’s financial position. It us that enhancement which constitutes the element of advantage”
Pecuniary advantage
Hayes v R
Privilege or benefit
“special right or advantage
Name the case law in regards to intent
R v Mohan
R v Waaka
R v Morley
Essentially a document is a thing which provides evidence or information or serves as a record
R v Misic
Case law -belief actually held
Hayes v R
The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence in the issue of whether the belief was actually held.
