Takes or Obtains a Document

Question 1

Section

Answer 1

Section 228(a), Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Ingredients

Answer 3

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 4

Intent

Answer 4

A person does something intentionally if they mean to do it;they desire a specific result and act with the aim or purpose of achieving it

Question 5

R v Mohan

Answer 5

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence”

Question 6

R v Waaka

Answer 6

A Fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act”

Question 7

Obtain

Answer 7

Obtain in relation to any person, means obtains or retains for himself or herself or for any other person.

Question 8

Property

Answer 8

• Real and 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

Question 9

Pecuniary advantage

Answer 9

-Economic or monetary advantage

Question 10

Hayes v R

Pecuniary advantage

Answer 10

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

Question 11

Hayes v R

Valuable consideration

Answer 11

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 12

Dishonesty

Answer 12

In relation to an 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 such consent or authority.

Question 13

Hayes v R

Dishonest

Answer 13

The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence in the issue of whether the belief was actually held.

Question 14

Claim of right

Section 2 Crimes Act 1961

Answer 14

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

Question 15

Takes

Answer 15

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

Question 16

Document

Answer 16

Includes part of a document in any form, and includes

• Paper/material containing anything that can be read
• Photo, negatives and related items
• Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

Question 17

R v Misic

Document

Answer 17

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