Dishonestly taking or obtaining a document

Question 1

Section and penalty

Answer 1

S 228(1)(a) CA 1961

7 years

Question 2

Liability

Answer 2

With intent to obtain any property, service, pecuniary advantage, or valuable consideration -

dishonestly

and without claim of right

takes OR obtains

any document.

Question 3

Intent to obtain

Answer 3

The defendant must intend to obtain, and he or she must intend to obtain BY the deception

Question 4

Definition of obtain

Answer 4

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

Question 5

Definition of property

Answer 5

includes any real or personal property

and any estate or interest in any real or personal property

money

and any debt

and anything thing in action

and any other right or interest

Question 6

Service definiton

Answer 6

As per R v Cara

“Service is limited to financial or economic value and excludes privileges or benefits”

Question 7

Pecuniary advantage definition

Answer 7

As per R v Hayes

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

Question 8

Difference between valuable consideration and pecuniary advantage

Answer 8

Pecuniary advantage can amount to favourable consideration when it involves a monetary advantage

however

the scope of valuable consideration is wider than pecuniary advantage

Question 9

Valuable consideration definition

Answer 9

As per Hayes v R

Anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short; money or moneys worth

Question 10

Dishonestly definition

Answer 10

In relation to any act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 11

Hayes v R (belief)

Answer 11

The question is whether the 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 12

Claim of right definition

Answer 12

At the time of the act, a belief in proprietary or possessory right in property in relation to which the offence is alleged to have been committed.

Question 13

Four points about nature of belief

Answer 13

1. belief must be in proprietary or possessory right to property
2. belief must be about the property in which the offence is alleges to have been committed
3. belief must be held at the time of the conduct
4. belief must be held by the defendant

Question 14

Taking definiton

Answer 14

as per s219(4) CA

for tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

includes coming into possession with or without the consent of the owner

Question 15

Definition of document

Answer 15

As per s217 CA

a) any paper or other material
b) any photograph or photographic negative
c) any disc, tape, wire, soundtrack, card
d) any material by means of which information is supplied
e) any material derived from information recorded or stored

Question 16

R v Misic

Answer 16

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