Uses/Attempts To Use A document

Question 1

Name the 4 ingredients for Uses/ Attempts to use a document:

Answer 1

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 2

What is the penalty for Uses/attempts to use a document?

Answer 2

7 years

Question 3

Define 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

Define Obtain:

Answer 4

Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person.

S217 Crimes Act 1961

Question 5

Define Property:

Answer 5

Property includes real and personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right of interest.

S2 Crimes Act 1961

Question 6

Is service defined in the Crimes Act?

Answer 6

No

Question 7

Define Pecuniary Advantage:

Answer 7

Basically means an economic or monetary advantage

Question 8

According to Hayes v R a pecuniary advantage is:

Answer 8

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

Question 9

According to Hayes v R a valuable consideration is:

Answer 9

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

Define Dishonestly:

Answer 10

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

S217 Crimes Act 1961

Question 11

Define Uses or Attempts to Use:

Answer 11

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 12

According to Hayes v R use of a document is explained as:

Answer 12

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.

Question 13

Define Document:

Answer 13

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.

S217 Crimes Act 1961

Question 14

According to R v Misic a document is:

Answer 14

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