B Flashcards
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 and a decision to continue the course of conduct regardless of the risk.
When interviewing a victim who alleges they have been defrauded, what two important questions should be asked by the investigator?
Did they believe the false representation?
Did they part with their money as a result of that belief?
What are the essential ingredients of the forgery offences as set out in section 256(1) of the crimes act 1961?
makes a false document
with the intention of using it to
obtain
any property, privilege, service, pecuniary advantage, benefit, or valuable consideration
You are investigating a cheque fraud series where the account has been opened and a chequebook obtained using fictitious details. Apart from the normal bank enquiries in relation to cheque offences, list four possible enquiries you should make regarding the offender opening the account with the bank
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
Name and addresses of the employee who opened the account and any other employees who can identify the suspect. Interview these employees and obtain statements
The serial numbers of the cheques supplied
Details of the dishonoured cheques and the people or firms defrauded
An offender using false name and address hires an electric drill from the local hire shop. The drill is found at his home some months later and he claims that he did intend to return it at some stage but didn’t get around to it.
(a) What is the most appropriate offence to charge the offender with?
(b) Who has title to the drill?
Paul is the director of a small company installing window for domestic property owners. He has a large backlog of jobs to complete due to manufacturing delays by his suppliers in making the windows. His financial situation deteriorates and he continues to receive deposits from clients in order to pay his bills. Paul thinks he can trade his way out of financial difficulties. Is Paul criminally liable for deception? Explain your answer
The key to a successful company fraud investigation is to seek advice early. Outline the suggested sources of specialist information you should canvass and the type of potential assistance those sources can provide the investigation
Police accountants and legal officers
Police forensic accountants at Auckland, Wellington and Christchurch are available to give you advice and, if necessary, to assist personally. Legal Section can be of particular help in preparing production orders, search warrants and charges.
Ministry of Business, Innovation and Employment
Registrar of Companies.
Companies Office.
Official assignee.
Insolvency Services.
Commerce Commission
The Commerce Commission can assist in matters relating to:
the Fair Trading Act 1986
the Unsolicited Goods and Services Act 1975
pyramid selling.
Financial Markets Authority
The Financial Markets Authority can assist in matters relating to the Securities Act 1978 and the issuing of prospectuses.
NZ Customs
Customs can assist in matters involving international travel and CAPPS alerts.
Liquidators and receivers
These administer companies that are in liquidation or
Harry enters a major retail store and selects an expensive DeWalt brand electric drill. He removes the $323.99 price tag and replaces it with a $59.99 price tag from a much cheaper KamaKouza brand drill.
He takes the DeWalt drill to the checkout operator. Harry says nothing. The checkout operator scans the price tag and charges him the cheaper price. Harry pays cash and then leaves the store with the drill
Complete a criminal liability answer for the most appropriate offence you would charge Harry with
Disregard Using a Document
What are the two core elements when it comes to an offence under 220 theft by a person in a special relationship?
Any person who receives, is in possession of or has control over any property on terms or in circumstances that they know requires them to:
- account to any other person for the property or for the proceeds arising from the property, or
- deal with the property or any proceeds arising from the property in accordance with the requirements of any other person.
Theft is committed by conversion if that person intentionally fails to account to any other person for the property or intentionally deals with the property or any proceeds arising from the property, otherwise than in accordance with those requirements.
What is the difference between forgery and altering and reproduction of a document? This question was worth 4 marks.
Varying definitions of ‘document’ and ‘intent’.
With forgery, an intent to deceive only is required, not an intent to obtain by deception.
Altering or reproducing a document, requires the offender to intend to obtain by deception.
Any document can be altered or reproduced in the charge of altering, concealing, destroying, or reproducing a document. However, in a charge of forgery the document must be a ‘false document’ as defined in section 255 of the Crimes Act 1961.
Define Access when it comes to computer offences?
The term ‘access’ in relation 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
List the things a judge may consider when considering propensity evidence?
(a) The frequency with which the acts, omissions, events, or circumstances which are the subject of the evidence have occurred
(b) The connection in time between the acts, omissions, events, or circumstances of the evidence and those of the offence for which the defendant is being tried
(c) The extent of the similarity between the acts, omissions or events of the evidence and those of the offence for which the defendant is being tried
(d) The number of persons making allegations against the defendant that are similar to the offence for which the Defendant is being tried
(e) Whether the allegations described in paragraph (d) may be the result of collusion or suggestibility
(f) The extent to which the acts, omissions, events, or circumstances of the evidence and those of the offence for which the defendant is being tried are unusual
This was the scenario for the liability - Mary lives alone, she gets mail from kiwibank for the previous tenant. It contains a credit card, she gets another letter from the bank to the previous tenant which has the pin number of that card.
Mary takes the card to the supermarket and uses the card and purchases groceries?
Uses a Document 228b
