uses/Attempts to use a document

Question 1

What is the act, sec and penalty for use/attempts to use a document

Answer 1

S228(1)(b) CA 61

7 yrs

Question 2

What the 4 elements to the offence

Answer 2

1- With intent to obtain any document, service, pecuniary advantage or valuable consideration
2- Dishonestly
3- And without claim of right
4- Uses or attempts to use any document

Question 3

What 2 points need to cover with Intent to Obtain

Answer 3

Intent
- There are 2 specific types of intent in an offence. The first there must be intention to commit an act. Second there must be an intent to get a specific result.

Obtain- S217 CA 61
- Obtain means to obtain, retain for himself or herself or any other person

Question 4

What is the definition and section of property

Answer 4

Property- S2 CA61
- Includes any real or personal property any estate or any interest any real or property, money, electricity or debt and anything in action or right of interest

Question 5

Service

Answer 5

Is not defined in CA61

Question 6

What 2 points need to be covered for pecuniary advantage has case law

Answer 6

Pecuniary advantage
- Basically means an economic or monetary advantage

Hayes v R
- A pecuniary advantage is anything that enhances that accused financial position. It is that enhancement which constitutes the element of advantage.

Question 7

Valuable consideration has case law

Answer 7

Valuable Consideration - R v Hayes
- Valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind. In short money or moneys worth

Question 8

What is the definition of DISHONESTLY plus section

Answer 8

Dishonestly- S217 CA 61
- An act or omission done or omitted without a belief that there was express or implied consent to the act or omission from a person in a position to give that consent

Question 9

What is the definition is CLAIM OF RIGHT plus section

Answer 9

Claim of right -S2 CA61
- In relation to any act means a belief at the time of the act in a proprietary or possessory right in the property in which the alleged offence has been committed. Although that belief may be based on ignorance or mistake of fact or of any mater of law other than the enactment against which the offence is alleged to have been committed

Question 10

What 2 points need to be covered for USES OR ATTEMPTS TO USE

Answer 10

Uses or attempts to use
- The prosecution must proof the defendant used or attempted to use the document with intent to obtain property, service, pecuniary advantage or value consideration

R v Hayes
- A unsuccessful use is as much use as a successful one. The concept of attempt relates to the use not the actual obtaining of a pecuniary advantage, which is not a necessary element of the offence. Because the use does not have to be successful it may be hard to draw a clear line between use and attempted use.

Question 11

Document plus case law?

Answer 11

Document - S217 CA61
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 that can store information.

R v Misic
- A document is a thing which provides evidence of information or serves as a record