02_Short Answers

Question 1

Outline Specified Intent in relations to forgery

Answer 1

Prosecution must prove that, at the time of the alleged act, the defendant, knowing that the document was false, had intended (to deceive) either
- To use the false document to obtain, or
- That the false document to be used or acted on as genuine

Question 2

What is the definition of the word LOSS caused by deception (loss caused by deception must be?)

Answer 2

Loss must be in the nature DIRECT loss. Loss is financial detriment.

Question 3

Claim of right in relations to any act means:

Answer 3

A belief at the time of the act in proprietary or possessory right in property

Question 4

To prove a charge of theft by a person in a relationship under s220(1) it is necessary to prove that the person knew they had to

Answer 4

Account to any other person for the property, or for any proceeds arising from the property

Question 5

The case R v Morley discussed the matter of loss in relations to s240(1)(d) CA61. What was held in this matter?

Answer 5

The prosecution must prove that the loss alleged by the victim must have been induced by, or cause in reliance upon the deception

Question 6

Brown booked into a motel and on checking in he offered to pay in advance. He was told that he could pay the account in the morning. He left early without checking out or paying. What is Browns liability

Answer 6

No offence committed, as intent to deceive must exist at the time of credit was obtained

Question 7

For a charge under s240(1)(b) of the CA61, the obligation to repay means

Answer 7

The obligation to repay must be a legally enforcement one

Question 8

A fraudulent device, trick or stratagem used with intent to deceive any person must be

Answer 8

Fraudulent and morally wrong OR fraudulent, meaning dishonest in the traditional sense

Question 9

False document includes a document of which the whole or any material part purports to be made by who

Answer 9

By a person who did not authorizes its making
By a fictitious person

Question 10

The serious fraud office investigates serious or complex fraud complaints. Can an investigator from that office make an arrest of a fraud suspect

Answer 10

No circumstances as the investigator does not have powers of arrest

Question 11

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

Answer 11

Where there is sufficiently strong connection between the offences

Question 12

When does both possession and title pass on to a bona fide (innocent) purchaser?

Answer 12

When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title

Question 13

In relations to the offence obtaining by credit by deception under (1)(b) of the CA, which of the following statements is not correct ?

Answer 13

Under the definition of obtain in s217 of the CA61. It is not sufficient that the accused obtained the extension of credit to another person

Question 14

When can a person only be charged under s249(1) in relation to accessing a computer system for dishonest purpose?

Answer 14

He/She actually obtained any property, or privilege, service, pecuniary advantage, ,benefit or valuable consideration or loss to any other person

Question 15

A senior executive of a company who is acting on behalf of the company commits a series of deceptions causing other companies to sustain financial losses. In these circumstances any criminal liability rest with;

Answer 15

Both the senior executive and the company as the actions of the executive are said to be the actions and state of mind of the company

Question 16

What was held in R v Crooks in relations to knowledge

Answer 16

The accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge (conduct of the accused amounting to putting their head in the sand).

Question 17

A person can be said to have control of a thing if;

Answer 17

it is proved that the accused did in fact exercise some control over the thing

Question 18

For propensity evidence to be admissible, what is the ultimate issue

Answer 18

The degree to which the probative value of the evidence outweighs the prejudicial effect

Question 19

The term valuable consideration means that a person can

Answer 19

Obtain anything capable of being valuable consideration, whether of a monetary kind or of any other kind

Question 20

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

Answer 20

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 21

When is forgery complete?

Answer 21

As soon as the documents is made with the intent described in subsection 1.

Question 22

Does a person who has property on hire purchases have title, possession or both?

Answer 22

Possession only

Question 23

Is issuing a false invoice to receive payment for goods that were never supplied, considered as obtaining a valuable consideration

Answer 23

Yes

Question 24

Define access when it comes to computer offences

Answer 24

Term access in relations to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

Question 25

Define false representation under s240(2)

Answer 25

False representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and
* knows that is it false in a material particular OR
* is recklessness as to whether it is false in material particular