Dishonest Taking Or Using A Document

Question 1

S.228(1)(a)

Answer 1

With intent to obtain any property, service, valuable consideration, pecuniary advantage, dishonestly and without claim of right, takes or obtains any document

Question 2

S.228(1)(b)

Answer 2

With intent to obtain any property, service, valuable consideration or pecuniary advantage, dishonestly and without claim or right uses or attempts to use any document

Question 3

Intent to obtain

Answer 3

Defendant must intend to obtain and obtain by deception

Question 4

Obtain

Answer 4

Obtain for themselves or any other person

Question 5

Property

Answer 5

Real or personal property, any estate or interest in any realy or personal property, money, debt, electricity or anything in action, and any other right or interest

Question 6

Service

Answer 6

Limited to financial or economic value, excludes privileges or benefits

Question 7

Pecuniary Advantage

Answer 7

Hayes v R - anything that enhances the accused financial position. It is the enhancement which constitutes the element of advantage

Question 8

Valuable Consideration

Answer 8

• Money or money’s worth
• anything capable of being a valuable consideration whether money or something else

Question 9

3 examples of Valuable consideration

Answer 9

1. Money for goods or a service
2. Good given for a service provided
3. Issuing a false invoice to receive payment for goods never supplied

Question 10

Dishonestly legislation

Answer 10

• the act or omission was done or omitted without the belief that there was expressed or implied consent/authority for the act or omission from a person entitled to give consent or authority

-

Question 11

Dishonestly legislation

Answer 11

• the act or omission was done or omitted without the belief that there was expressed or implied consent/authority for the act or omission from a person entitled to give consent or authority

-

Question 12

Dishonestly- Hayes

Answer 12

Was the belief actually held, not whether it was reasonable. The reasonableness may be relevant as evidence on the issue of whether the belief was actually held.

Question 13

Claim of right

Answer 13

In relation to any act means a belief at the time of the act in a proprietary or possessory right in the property in relation to the offense. That belief may be based on ignorance or mistake of fact

Question 14

Nature of Belief (claim of right)

Answer 14

1. Belief in proprietary/possess right of property
2. The Belief must be about the property relating to the offense
3. Belief must be held at the time of conduct for the offence
4. Belief must actually be held my the defendant (not required to be reasonable)

Question 15

Takes

Answer 15

For tangible property - when the offender moves property or causes it to move

Question 16

Document

Answer 16

A document or part of, in any form and includes without limitations:
(a) paper, material used for writing/printing, marked with matter capable of being read
(b) photos, negatives, plate, slide, film
(c) disc, tape, wire, sound, information, storage, data can be stored/recorded
(d) material that can supply information to any device that can record or store info
(e) material derived from information recorded/stored/processed by any device used for recording/storing info

Question 17

Use

Answer 17

Includes a single action, such as handing a document over to its intended recipient or the continuing use of a document

Question 18

Use (Hayes)

Answer 18

An unsuccessful use of a document counts as much as a successful one. An unsuccessful use is not the same as an attempt. Can be difficult to differentiate between a use and attempted use

Question 19

Attempts

Answer 19

Intent to commit an offence, does/omits an act for the purpose of accomplishing their object, whether they could or not in the circumstances.