Flashcards in Uses a Document Deck (16):
7 years imprisonment
1) With intent to obtain any Property OR Service OR Pecuniary Advantage OR Valuable Consideration
3) Without Claim of Right
4) Uses / Attempts to use any Document
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.
R v Mohan
A decision to bring about, in so far as it lies within the accused's power, the commission of the offence.
R v Waaka
A fleeting or passing thought is not sufficient. There must be a firm act or firm purpose to effect an act.
R v Morley
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
Obtain - Sec 217 Crimes Act 1961
In relation to any person means to obtain or retain for him/her self or for any other person.
Property - 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.
Or Pecuniary Advantage
Economic or monetary advantage.
R v Hayes
Anything that enhances the accused's financial position. It is that enhancement which constitutes the element of advantage.
Dishonestly - Sec 217 Crimes Act 1961
In relation to any act or omission, mean done or omitted without express or implied consent to, or authority for, the act or omission from a person entitled to give consent or authority.
R v Hayes
The question is whether the belief is actually held, not whether the belief is reasonable.
Claim of Right - 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.
Use can include a single action such as the handing over of the document to it's intended recipient or the continuing use of a document.
Includes part of a document in any form, and includes:
1) Paper/material containing anything that can be read
2) Photos, negatives and related items
3) Discs, tapes, cars or other devices/equipment on which information is stored and can be reproduced.