Take/Obtains - Uses/attempts to use - a document

Question 1

Takes or Obtains a Document

Section and Penalty

Answer 1

Section 228(1)(a) Crimes Act 1961

7 years imprisonment

Question 2

Ingredients

Answer 2

1) With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
2) Dishonestly
3) And Without Claim of Right
4) Takes or Obtains any document

Question 3

Intent

Answer 3

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result

Question 4

Obtain

Answer 4

Sec 217 Crimes Act 1961

In relation to any person means to obtain or retain for him/her self or for any other person.

Question 5

Property

Answer 5

Sec 2 Crimes Act 1961

Includes real and personal property, and 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.

Question 6

Service

Answer 6

Not defined in the crimes act 1961

Question 7

Or Pecuniary Advantage

Answer 7

Economic or monetary advantage.

Question 8

Hayes v R

Pecuniary

Answer 8

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

Question 9

Hayes v R

Valuable

Answer 9

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind in short, money or money’s worth”.

Question 10

Dishonestly

Answer 10

Sec 217 Crimes Act 1961

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

Question 11

Claim of Right

Answer 11

Sec 2 Crimes Act 1961

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in which the offence is alleged to have been committed, although that belief may be based on ignorance, or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 12

Takes

Answer 12

Sec. 219(4) Crimes Act 1961

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

Question 13

Obtains

Answer 13

Sec. 217 Crimes Act 1961

To obtain or retain for themselves or another person

Question 14

Document

Answer 14

Sec. 217 Crimes Act 1961

Includes part of a document in any form, and includes:
• Paper/material containing anything that can be read
• Photos, negatives and related items
• Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

Question 15

R v Misic

Answer 15

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

Question 16

Uses/Attempts to Use a Document

Section and Penalty

Answer 16

Section 228(1)(b) Crimes Act 1961

7 years imp

Question 17

Uses/Attempts to Use a Document

Ingredients

Answer 17

1) With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
2) Dishonestly
3) And Without Claim of Right
4) Uses or attempts to use any document

Question 18

Uses or Attempts to use

Answer 18

The prosecution must prove that the offender used or attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration.

Question 19

Hayes v R

Unsuccessful

Answer 19

“An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary ingredient of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.”