Dishonestly Uses a Document s128(1)(b) C.A. 1961

Question 1

Name the Elements from s128(1)(b) C.A. 1961

Answer 1

Dishonestly
Without Claim of Right
Uses or Attempts to Use
Any Document
With intent to obtain any:
- Pecuniary Advantage OR
- Valuable Consideration OR
- Property OR
- Service

Question 2

What does the Prosecution have to prove in relation to s128(1)(b)?

Answer 2

That the offender used or attempted to use the document with intent to obtain any Pecuniary Advantage, or Service, or Property, Or Valuable Consideration

Question 3

What does ‘Use’ actually mean?

Answer 3

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

Question 4

Define Hayes v R in terms of an attempted use of a document

Answer 4

An unsuccessful attempt at using a document is just as much use as a successful one. The concept relates of the attempt relates to the use not to obtaining a pecuniary advantage.

Question 5

What does ‘Attempt’ actually mean?

Answer 5

An attempt relates to someone who intends on committing an offence with the intention to achieving a specific objective, even if the circumstances were possible or not.