What is Section 228(1)(a) Crimes Act 1961?
Taking a document
What is Section 228(1)(b) Crimes Act 1961?
Using a Document
What are the elements of Section 228(1)(a)
- Dishonestly
- Without claim of right
- Takes OR obtains
- Any document
- With intent to obtain any
- Property OR
- Service OR
- Pecuniary advantage OR
- Valuable consideration
What are the elements of Section 228(1)(b)
- Dishonestly
- Without claim of right
- Uses OR attempts to use
- Any document
- With intent to obtain any
- Property OR
- Service OR
- Pecuniary advantage OR
- Valuable consideration
Define Dishonestly
‘An act or omission without a belief that there was express or implied consent or authority for the act or omission from a person entitled to give such consent or authority.
Define ‘Takes’
Moving or causing to be moved - with a dishonest intent
Define Obtains
Obtain and retain - Dishonest intent when retaining.
Define uses
To employ, rely on or put into operation a document for the purposes of obtaining a financial or other benefit
Define attempts to use
Mental element established, along with active steps in exercising use.
What case law can you use to discuss uses and attempted use.
Hayes v R establishes it may be difficult to draw a clear line between use and attempted use.
What is R v Misic about ?
Document - Essentially a document is a thing which provides evidence or information or serves as a record. EG Credit card, screenshot, birth certificate, drivers license, receipt, tattoos, records, art, posters, pamphlets.
Define Property ; Section 2(1) Crimes Act 1961 Interpretation
Any real or personal property, 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.
Define Service
Something you are not receiving tangibly. Eg false form to get home help. Nanny services etc. Non-monetary items.
Define Pecuniary Advantage - including case law
Hayes v R
A pecuniary advantage is anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.
EG gold card to get movie ticket at half the price, or student ID. Swapping price tags, to make something cheaper = pecuniary advantage.
Define Valuable Consideration incl case law.
Hayes v R
A valuable consideration is anything capable of being valuable consideration whether of a monetary kind or of any other kind, in short money or moneys worth.
EG - Something that is ongoing - Fake CV, getting an ongoing wage.
What is Section 240(1)(a) Crimes Act 1961
Obtaining by deception or causing loss by deception
What are the elements of Section 240(1)(a) Crimes Act 1961
- By any deception
- Without claim of right
- Obtains
- Ownership OR
- Possession of OR
- Control over
- Any
- Property OR
- Privilege OR
- Service OR
- Pecuniary advantage OR
- Benefit OR
- Valuable consideration
- Directly or indirectly
Define Section 240(2) Crimes act 1961
DECEPTION
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 a 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 used with intent to deceive any person.
What 4 questions do you ask when determining whether there was a deception?
- What is the representation?
- Is it false or partly false in a way that matters?
- Do they know that its false or be reckless?(Objective - What they ought to have known in their position)
- Did they intend to pull the wool over their eyes?
