Legislation
The case turned on the interpretation of s 229A of the Crimes Act 1961 for 24 of the counts against Hayes, and the interpretation of s 228 for 5 of the counts against her. These read as follows:
- 229A Taking or dealing with certain documents with intent to defraud
Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to defraud,—
(a) Takes or obtains any document that is capable of being used to obtain any privilege, benefit, pecuniary advantage, or valuable consideration; or
(b) Uses or attempts to use any such document for the purpose of obtaining, for himself or for any other person, any privilege, benefit, pecuniary advantage, or valuable consideration. …
- 228 Dishonestly taking or using document
Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,—
(a) dishonestly and without claim of right, takes or obtains any document; or
(b) dishonestly and without claim of right, uses or attempts to use any document.
Read more about this topic: Hayes V R
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“The wise know that foolish legislation is a rope of sand, which perishes in the twisting.”
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