Deception Module - Liabilities

Question 1

What are the elements of section 228(1)(a)?

Answer 1

Section 228(1)(a) – Dishonestly takes or obtains a document

• Dishonestly
• Without claim of right
• Takes OR obtains
• Any document
• With intent to obtain any property, service, pecuniary advantage, valuable consideration

Question 2

What are the elements of section 228(1)(b)?

Answer 2

Section 228(1)(b) – Dishonestly uses or attempts to use a document

• Dishonestly
• Without claim of right
• Uses OR attempts to use
• Any document
• With intent to obtain any property, service, pecuniary advantage, valuable consideration

Question 3

What are the elements of section 240(1)(a)?

Answer 3

Section 240(1)(a) – Obtains by deception

• By any deception
• Without claim of right
• Obtains ownership OR possession of OR control over
• Any property, any privilege, service, pecuniary advantage, benefit, valuable consideration,
• Directly or indirectly

Question 4

What are the elements of section 240(1)(b)?

Answer 4

Section 240(1)(b) – Obtains by deception

• By any deception
• Without claim of right
• In incurring any debt or liability
• Obtains credit

Question 5

What are the elements of section 240(1)(c)?

Answer 5

Section 240(1)(c) – Obtains by deception

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

Question 6

What are the elements of section 240(1)(d)?

Answer 6

Section 240(1)(d) – Obtains by deception

• By any deception
• Without claim of right
• Causes loss to any other person

Question 7

What are the elements of section 220(1)(a)?

Answer 7

Section 220(1)(a) – Theft by person in special relationship

• Any person who
• Has received OR is in possession of OR has control over
• Any property
• On terms or in circumstances that the person knows require the person to account to any other person for the property, or for any proceeds arising from the property

Question 8

What are the elements of section 220(1)(b)?

Answer 8

Section 220(1)(b) – Theft by person in special relationship

• Any person who
• Has received OR is in possession of OR has control over
• Any property
• On terms or in circumstances that the person knows require the person to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person

Question 9

What are the elements of section 256(1)?

Answer 9

Section 256(1) – Forgery

• A person
• Makes a false document
• With the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration

Question 10

What are the elements of section 256(2)?

Answer 10

Section 256(2) – Forgery

• A person
• Makes a false document
• Knowing it to be false
• With the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine

Question 11

What are the elements of section 257(1)?

Answer 11

Section 257(1) – Using forged documents

• A person
• Knowing a document to be forged
  (a) Uses the document to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
  (b) Uses, deals with, or acts upon the document as if it were genuine; or
  (c) Causes any other person to use, deal with, or act upon it as if it were genuine

Question 12

What are the elements of section 258(1)(a)?

Answer 12

Section 258(1)(a) – Altering, concealing, destroying, or reproducing documents with intent to deceive

• A person
• With intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration OR to cause loss to any other person
• Alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed

Question 13

What are the elements of section 258(1)(b)?

Answer 13

Section 258(1)(b) – Altering, concealing, destroying, or reproducing documents with intent to deceive

• A person
• With intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration OR to cause loss to any other person
• Makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document

Question 14

What are the elements of section 259(1)?

Answer 14

Section 259(1) – Using altered or reproduced document with intent to deceive

• A person
• Knowing any document to have been made or altered in the manner and with the intent referred to in section 258
• With intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration OR to cause loss to any other person
  (a) Uses, or deals with, or acts upon, the document; or
  (b) Causes any person to use or deal with, or act upon, the document

Question 15

What are the elements of section 249(1)?

Answer 15

Section 249(1) – Accessing a computer system for dishonest purpose

• A person
• Directly or indirectly
• Accesses any computer system and thereby
• Dishonestly OR by deception
• Without claim of right
  (a) Obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
  (b) Causes loss to any other person

Question 16

What are the elements of section 249(2)?

Answer 16

Section 249(2) – Accessing a computer system for dishonest purpose

• A person
• Directly or indirectly
• Accesses any computer system with intent
• Dishonestly OR by deception
• Without claim of right
  (a) To obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
  (b) Causes loss to any other person

Question 17

What are the elements of section 250(1)?

Answer 17

Section 250(1) – Damaging or interfering with a computer system

• A person
• Intentionally or recklessly
• Destroys, damages, or alters
• Any computer system
• If he or she knows or ought to know that danger to life is likely to result

Question 18

What are the elements of section 250(2)?

Answer 18

Section 250(2) – Damaging or interfering with a computer system

• A person
• Intentionally or recklessly
• Without authorisation
• Knowing that he or she is not authorised, or being reckless as to whether or not he or she is authorised
  (a) Damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
  (b) Causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or
  (c) Causes any computer system to –
  (i) Fail; or
  (ii) Deny service to any authorised users

Question 19

What are the elements of section 252(1)?

Answer 19

Section 252(1) – Accessing computer system without authorisation

• A person
• Directly or indirectly
• Intentionally accesses
• Any computer system
• Without authorisation
• Knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system