02_Short Answers Flashcards
Outline Specified Intent in relations to forgery
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
What is the definition of the word LOSS caused by deception (loss caused by deception must be?)
Loss must be in the nature DIRECT loss. Loss is financial detriment.
Claim of right in relations to any act means:
A belief at the time of the act in proprietary or possessory right in property
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
Account to any other person for the property, or for any proceeds arising from the property
The case R v Morley discussed the matter of loss in relations to s240(1)(d) CA61. What was held in this matter?
The prosecution must prove that the loss alleged by the victim must have been induced by, or cause in reliance upon the deception
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
No offence committed, as intent to deceive must exist at the time of credit was obtained
For a charge under s240(1)(b) of the CA61, the obligation to repay means
The obligation to repay must be a legally enforcement one
A fraudulent device, trick or stratagem used with intent to deceive any person must be
Fraudulent and morally wrong OR fraudulent, meaning dishonest in the traditional sense
False document includes a document of which the whole or any material part purports to be made by who
By a person who did not authorizes its making
By a fictitious person
The serious fraud office investigates serious or complex fraud complaints. Can an investigator from that office make an arrest of a fraud suspect
No circumstances as the investigator does not have powers of arrest
Propensity evidence may be relevant in some deception cases. When may evidence of propensity be called in cases of deception
Where there is sufficiently strong connection between the offences
When does both possession and title pass on to a bona fide (innocent) purchaser?
When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title
In relations to the offence obtaining by credit by deception under (1)(b) of the CA, which of the following statements is not correct ?
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
When can a person only be charged under s249(1) in relation to accessing a computer system for dishonest purpose?
He/She actually obtained any property, or privilege, service, pecuniary advantage, ,benefit or valuable consideration or loss to any other person
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;
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
What was held in R v Crooks in relations to knowledge
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).
A person can be said to have control of a thing if;
it is proved that the accused did in fact exercise some control over the thing
For propensity evidence to be admissible, what is the ultimate issue
The degree to which the probative value of the evidence outweighs the prejudicial effect
The term valuable consideration means that a person can
Obtain anything capable of being valuable consideration, whether of a monetary kind or of any other kind
What two points were made in the case R v Harney in relation to recklessness
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
When is forgery complete?
As soon as the documents is made with the intent described in subsection 1.
Does a person who has property on hire purchases have title, possession or both?
Possession only
Is issuing a false invoice to receive payment for goods that were never supplied, considered as obtaining a valuable consideration
Yes
Define access when it comes to computer offences
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
Define false representation under s240(2)
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
