Deception

Question 1

Dishonestly taking a document, Section/elements?

Answer 1

Section 228(1)(a) CA1961
-Dishonestly
-Without claim of right
-Takes OR obtains
-Any document
-With Intent to obtain any
-Property OR service OR pecuniary advantage OR valuable consideration

Question 2

Dishonestly using a document, Section/elements?

Answer 2

Section 228(1)(b) CA1961
-Dishonestly
-Without claim of right
-Uses OR attempts to use
-Any document
-With Intent to obtain any
-Property OR Service OR pecuniary advantage OR valuable consideration

Question 3

Obtain meaning?

Answer 3

In relation to any person, means obtain or retain for himself, herself or for any other person

Question 4

Property defined?

Answer 4

Any real and personal property, and any estate or interest in any real or personal property.

Question 5

Service case law?

Answer 5

R v Cara- service is limited to financial or economic value and excludes privileges or benefits.

Question 6

Pecuniary advantage case law?

Answer 6

Hayes v R- anything that enhances the accused financial position.

Question 7

Valuable consideration case law?

Answer 7

Hayes v R- anything capable of being valuable, whether money or any other kind.

Question 8

Dishonestly defined?

Answer 8

Done without a belief in consent.

The belief does not have to be reasonable

Question 9

Use or attempt to use case law?

Answer 9

Hayes v R- an unsuccessful use of a document is as much a use as a successful one.
It’s difficult to draw a clear line between use and attempted to use.

Question 10

Document defined/case law?

Answer 10

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

Question 11

Deception defined

Answer 11

A false representation, wether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and knows the it is false in a material particular or is reckless as to wether it is false in a material particular.

Question 12

Intent to deceive case law?

Answer 12

R v Morley- intention to deceive requires a Purposeful intent at the time the deception is practiced.

Question 13

Theft vs obtain by deception?

Answer 13

Theft is taken without owners permission and title not passed on.

Possession and ownership

Question 14

Debt meaning?

Answer 14

Money owing from one person to another

Question 15

Liability meaning?

Answer 15

A legal obligation to pay.

Question 16

Title defined?

Answer 16

Simply means a legal right to the property.

Question 17

Obtain by deception, 240(1)(a) elements?

Answer 17

-By any deception
-Without claim of right
-Obtains
ownership or possession of or control over
-any
Property or privilege or service or pecuniary advantage or benefit or valuable consideration
-directly or indirectly

Question 18

Obtain by deception, section 240(1)(b) elements?

Answer 18

-by any deception
-without claim of right
-in incurring any
Debt or liability
-obtains credit

Question 19

Obtain by deception, section 240(1)(c) elements?

Answer 19

-By any deception
-Without claim of right
-Induces or causes any other person to
Deliver over or execute or make or accept or endorse or destroy or alter
-any document or thing capable of being used to derive a pecuniary advantage.

Question 20

Cause loss by deception section 240(1)(d) elements?

Answer 20

-By any deception
-Without claim of right
-causes loss to any other person

Question 21

What’s required to prove deception?

Answer 21

-there was an intent to deceive
-there was a representation by the defendant
-the representation was false and the defendant either knew it was or was reckless wether it was false

Question 22

Define device,trick,stratagem?

Answer 22

Device- a plan scheme or trick
Trick-an action or scheme undertaken to fool,outwit or deceive
Strategem-a cunning plan or scheme especially for deceiving an enemy.

Question 23

Obligation to pay case law?

Answer 23

Fisher v Raven
Credit refers to the obligation on the debtor to pay or repay, does not extend to an obligation to supply services or goods.

Question 24

Timing of intention to deceive case law?

Answer 24

R v McKay
The intention to deceive must exist at the time of the deception.

Question 25

Induced case law?

Answer 25

R v Laverty The prosecution must prove the person parting with the property was induced to do so by the false representation made.

Question 26

False representation?

Answer 26

Must be false and the defendant must know or believe that it is false in a material particular or be reckless wether it is false Absolute certainty is not required

Question 27

How can knowledge be established?

Answer 27

-Admission -Implication from the circumstances surround the event -propensity evidence

Question 28

False in a material particular?

Answer 28

Means important,essential or relevant detail or item.

Question 29

Induce meaning?

Answer 29

To persuade, bring about or give rise to

Question 30

Forgery complete?

Answer 30

Forgery is complete when the document is made with the intent to use it to obtain property, privilege, benefit, service, pecuniary advantage, or valuable consideration

Question 31

False document defined?

Answer 31

A document of which the whole or any material part purports to be made by any person who did not make it or by a fictitious person or made by or on behalf of any person who did not authorise its making

Question 32

Types of alterations?

Answer 32

Additions Insertions Deletions Obliterations Erasures Removal of material or otherwise

Question 33

Forgery vs altering?

Answer 33

With forgery you only need an intent to deceive Altering you must prove the offender intended to obtain by deception

Question 34

Computer system meaning?

Answer 34

A computer or 2 or more interconnected computers or any communication links between computers or to remote terminals or another device or 2 or more interconnected computers combined with any communication links between computers or to remote terminals or other device and includes any part of the items described above and all related input,output,processing, storage

Question 35

Distinction between 249(1) and 249(2)?

Answer 35

1-accessed computer and obtains material or causes loss 2-accessed computer with intent regardless of result

Question 36

Does a person have to be physically present to access a computer system?

Answer 36

No

Question 37

Accessing computer system for dishonest purpose, section/elements?

Answer 37

Section 249,CA1961 Everyone is liable to 7 years imprisonment who directly or indirectly Accesses any computer system and thereby dishonestly or by deception and without claim of right -obtains any property,privilege, service, pecuniary advantage, benefit or valuable consideration or -causes loss to any other person

Question 38

Assistance available for investigating company fraud?

Answer 38

Police accountants and legal officers give advice. Ministry of business- sources of Information, eg companies offices or registrar Commerce commission assist with fair trade act, pyramid selling Financial markets authority assist with matters relating to financial markets Nz Customs assist with International travel and Capps alerts

Question 39

Types of company fraud investigations?

Answer 39

A-large scale thefts against employers or employees B-dishonest offences against financial institutions by people outside it obtaining by deception C-Commercial fraud against the public D-Dishonesty offences committed by person in position of trust.

Question 40

Explain claim of right , nature of belief required?

Answer 40

Belief must be in a proprietary or possessory right in property. Belief must be in relation to the property involved in the offence. Belief must be held at the time of the conduct Belief must be actually held

Question 41

What will the judge consider when assessing the probative value of propensity evidence?

Answer 41

-Frequency acts have occurred -Connection in time between those offences and the one there being tried -similarity of events -number of person making allegations