Dishonestly taking OR using a document

Question 1

Dishonestly

Answer 1

Without: expressed or complied consent or authority from entitled person

Question 2

Without claim or right

Answer 2

A belief in a proprietary or possessory right.

Question 3

What are the three natures of belief that relate to WITHOUT CLAIM OF RIGHT!

Answer 3

-exist at time of act
-relate to the property involved in offence
-be a genuine belief

Question 4

Take

Answer 4

Complete when the offender moves the property or causes it to be moved

Question 5

Obtains

Answer 5

Obtain or retain for themselves or another

Question 6

Uses or attempts to use

Answer 6

Could be single action or a continuing use over a period of time.

Hayes v R - an unsuccessful use is as much a use as a successful one

Question 7

Document (R v Misic)

Answer 7

Essentially a document is a thing which provides EVIDENCE or INFORMATION or serves as a RECORD.

Question 8

Intent

Answer 8

Deliberate act to get a specific result.

Question 9

Property

Answer 9

Includes any real or personal property

Question 10

Service (R v Cara)

Answer 10

Limited to activity having an element of financial or economic value… example, massage, hairdresser, mechanic.

Question 11

Pecuniary Advantage (Hayes v R)

Answer 11

Anything that enhances the accused’s financial position

Question 12

Valuable consideration (Hayes v R)

Answer 12

Anything capable of being valuable consideration, whether of a monetary kind or of any other kind