01_Short Answer

Question 1

What is meant by the following terms referred to in Section 240(1)(b) of the CA?
Debt
Liability

Answer 1

Debt means owing from one person to another

Liability means a legally enforceable financial obligation to pay, such as the cost of meal

Question 2

Where a person has been induced to part with goods by deception, what are the two steps he can take to avoid the deceivers title ?

Answer 2

Take all other possible steps to bring it to the offenders notice
Advise the Police that the goods were obtained by deception

Question 3

To successful prosecute a person on a charge s259 of the CA. Name 3 mental elements you must prove

Answer 3

1st, the defendant must know that the document had been alerted with intent to deceive
2nd, the defendant must have intended by the employment of the document/by causing another to use/rely on it, to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person
3rd, there must be an internet to acquire or retain the property etc, or to cause loss by deception

Question 4

How is the term REPRESENTATION interpreted (not defined) by the courts. State the relevant case law in your answer

Question 5

An offender knowingly presents to the retailer an item with two price tags for different amounts, aware that the higher amount is the correct price, he shows the lower price to the checkout operator and obtains the item for the lower price. He is apprehended by Police some two days later for this offence.
What offence has the offender committed ? Who has title to the item obtained by the offender?

Answer 5

Obtains by deception
Title would belong to the Offender which has been obtained by deception

Question 6

What must you prove in relations to Deception ?

Answer 6

• Intent to deceive
• Representation by the Defendant
• Representation was false; and that the Defendant either;
  Knew it was false in a material particular
  reckless whether it was false in a material particular

Question 7

Investigation into company fraud complaints will usually involve enquiries with the Ministry of Commerce. 4 other possible sources available

Answer 7

Registrar of companies
Companies of office
Official assignee
Insolvency Services

Question 8

What knowledge must be accused person have to be liable for making a false representation
How can knowledge by established

Answer 8

Accused must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

Knowledge can be established by
an admission
implication from the circumstances surrounding the event
propensity evidence

Question 9

The term computer system is defined in s248 of the CA61. State definition

Answer 9

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 any other device; and
includes any part of the items described in paragraph (a) and all related input

Question 10

Propensity evidence may be relevant in some deception cases. When may evidence of propensity be called in cases of deception

Answer 10

Propensity evidence, whether on previous or later occasions to the offence charged, is admissible in cases of deception where there is sufficiently strong connection between the offence

Question 11

What two points were made in the case R v Harney in relations to recklessness

Answer 11

Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 12

When interviewing a victim who alleges they have been defrauded, what two important questions should be asked by the investigator

Answer 12

That the false representation was believed, and
That it as the consequences of that belief that the victim parted with his or her money

Question 13

What are the essential ingredient of the forgery offences as set out in s(1) of the CA?

Answer 13

Everyone is liable to imprisonment for a term not exceeding years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration

Question 14

You are investigating a cheque fraud series where the account has been opened and a cheque book obtained using fictitious details. Apart from the normal bank enquiries in relations to cheque offences, list possible enquiries you should make regarding the offender opening the account with the bank

Answer 14

Account number and the date it was opened
Nature and amount of the first deposit
Details of any other deposits
Details used when the account was opened
Descriptions of the suspect and any of their associates at the time
Names and addresses of the employee who opened the account and any other employees who can ID the suspect. Interview and obtain statement
Serial numbers of the cheques supplied
Details of the dishonored cheques and the people or firms defrauded

Question 14

You are investigating a cheque fraud series where the account has been opened and a cheque book obtained using fictitious details. Apart from the normal bank enquiries in relations to cheque offences, list possible enquiries you should make regarding the offender opening the account with the bank

Answer 14

Account number and the date it was opened
Nature and amount of the first deposit
Details of the dishonored cheques and the people or firms defrauded
Details of any other deposits
Details used when the account was opened
Descriptions of the suspect and any of their associates at the time
Names and addresses of the employee who opened the account and any other employees who can ID the suspect. Interview and obtain statement
Serial numbers of the cheques supplied

Question 15

What are essential ingredients of s228 of the CA61 Taking or Using a document

Answer 15

• Dishonestly, Without claim of right, Takes or Obtains any Document OR
• Dishonestly, Without claim or right, Uses or Attempts to use, Any Document

Question 16

Apart from the a false representation what matters would constitute a deception as defined under s240(2) of the CA61

Answer 16

(a) False representation, whether orally, documentary or by conduct, where the person making the representation intends to deceive any other person and
knows that it is false in a material particular OR
is reckless as to whether it is false in a material particular or
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person

Question 17

What was held in the case R v Morley as it relates to s240(2) in relations to an intention to deceive

Answer 17

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposefully intent is necessary and must exist at the time of the deception

Question 18

In relation to s240(2), besides making a false representation by oral what other way can a false representation be made

Answer 18

an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
A fraudulent device, trick, or stratagem used with intent to deceive any person

Question 19

What are the 2 core elements when it comes to an offence under s220 Theft by a Person in a special relationship

Answer 19

(a) He/She have received property on terms or in circumstances which, to the accused knowledge, affect what the accused may do with the property or its proceeds or require the accused to act in accordance with the requirements of another person and
(b) that the accused intentionally departed from the relevant obligation

Question 20

Difference between forgery / alternating / reproduction of a document ?

Answer 20

• Varying definition of “document and intent” between the offences
• Forgery only requires intent to deceive not an intent to obtain by deception
• With altering/concealing/destroying or reproducing, you MUST prove that the offender intended to obtain by deception
• Document of forgery must be a false document
• Any document can be altered, reproduced in the charge of altering, concealing, destroying or reproducing a document.

Question 21

State your understanding in relation to the term False in a Material Particular

Answer 21

The prosecution must establish either that the defendant knows or believes his representation is false material particular, or is reckless as to whether it is false. A minor detail may amount to a material particular if it is of consequences to the facts of the case. The question of materiality will be assessed objectively.

Material particular is not defined in the CA can can be given its usual meaning of an important, essential or relevant detail or item.

R v Mallet - A matter will be material particular if it is something important or something that matters.