What is the act and section for Takes/Uses document?
Section 228(1)(a) Crimes Act 1961
What is the charge wording for Takes/Obtains document?
Section 228(1)(a) crimes act 1961
Dishonestly
Without claim of right
Takes OR obtains
Any document
With intent to obtain any property, service, pecuniary advantage or valuable consideration
What is the act and section for uses/attempts to use document?
Section 228(1)(b) Crimes Act 1961
What is the charge wording for Uses/Attempts to use document?
Section 128(1)(b)
Dishonestly
Without claim of right
Uses OR attempts to use
Any document
To obtain property OR service OR pecuniary advantage or Valuable consideration
What is the act and section for Deception?
Section 240 Crimes Act 1961
What is the charge wording for deception?
Section 240 crimes act 1961
1. Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right:
A. Obtains ownership OR possession OR control over any property or privilege or benefit or service or pecuniary advantage or valuable consideration; or
B. In incurring debt or liability, obtains credit; or
C. Causes loss to any person.
What is the definition of deception?
Section 240(2) crimes act 1961
A. A false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and -
I. Knows that it is false in material particular; or
Ii. Is reckless as to whether it is false in a material particular; or
B. An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
C. A fraudulent device, trick or stratagem is used with intent to deceive any person.
What does R v Morley establish?
An intention to deceive requires requires that deception is practices in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of deception.
What does R v Hayes establish?
An unsuccessful use of a document is as much use as a successful one.
What is established in R v Misic?
A document is a thing which provides evidence or information or serves as a record.
Define claim of right
Section 2(1) Crimes Act 1961:
- a belief at the time of the act in a right to the property involved. The belief may be based on ignorance or mistake of fact or of any matter of law.
Define dishonestly
An act or omission done knowing there was no consent or authority from the party entitled to give it.
What is concept of title?
The right or claim of right to property. It is obtained when property is voluntarily handed over.
