Deception

Question 1

Roberts car is in the local garage having been repaired. Robert could not afford to pay for the repair before getting the car back. Knowing that he does have funds in his account to cover the cost of the repairs, he hands over a cheque to the repairer and received the car in return. He drives home:

a) Robert has stolen the vehicle, as someone else has a special property or interest in it
b) Robert has obtained the vehicle by deception, as someone else has a special property or interest in it
c) Robert has neither stolen the vehicle nor obtained it by deception; a contractor’s

Answer 1

b) Robert has obtained the vehicle by deception, as someone else has a special property or interest in it

Question 2

Claim of right in relation to any act means:

a) An honest belief that the act is justifiable
b) A belief at the time of the act in a proprietary or possessory right in property
c) An honest but mistaken belief that they had a proprietary or possessory right in property

Answer 2

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

Question 3

To prove a charge of theft by a person in a special relationship under section 220(1), it is necessary
to prove that the person knew they had to:

a) Account to any other person for the property, or for any proceeds arising from the property
b) Account to any other person for the proceeds of the sale of stolen property
c) Account to any other person for the property only and not the proceeds

Answer 3

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

Question 4

The case R v Morley (2009) NZCA 618 discussed the matter of loss in relation to s240(1)(d) Crimes
Act 1961 (causing loss by deception). Which statement best describes what was held in this matter:

a) The loss caused by deception can be in the nature of an indirect loss, such as an expectation loss (loss
of a bargain) of loss of anticipated future profits
b) The deception must have been made to the person actually delivering over the property
c) The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in
reliance, upon the deception

Answer 4

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

Question 5

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 Brown’s liability?

a) Obtaining a service by deception
b) Obtaining credit by deception
c) No offence is committed

Answer 5

c) No offence is committed

Question 6

For a charge under section 240(1) (b) of the Crimes Act 1961 (obtaining credit by deception), the obligation to repay means:

a) The obligation to repay must be a legally enforceable one
b) The obligation to repay can be merely a moral obligation
c) The obligation to repay is only applicable when there is a written agreement

Answer 6

a) The obligation to repay must be a legally enforceable on

Question 7

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

a) Fraudulent and both morally and ethically wrong
b) Fraudulent, meaning dishonest in the traditional sense
c) Fraudulent and morally wrong

Answer 7

c) Fraudulent and morally wrong

Question 8

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

a) By a person who did not authorise its making
b) By a fictitious person
c) Both of the above are correct

Answer 8

c) Both of the above are correct

Question 9

The serious fraud office investigates serious or complex fraud complaints. An investigator from that office may only make an arrest of a fraud suspect:

a) If the fraud complaint has an actual or potential loss in excess of $2,000.00
b) If they are accompanied by a sworn Police employee who will witness the arrest
c) Under no circumstances as the investigator does not have powers of arrest

Answer 9

c) Under no circumstances as the investigator does not have powers of arrest

Question 10

What is meant by the following terms referred to in section 240(1)(b) of the Crimes Act 1961

a) Debt
b) Liability

Answer 10

Debt means money owing from one person to another.

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

Question 11

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

Answer 11

Take all other possible steps to bring it to the Offender’s notice, e.g. by writing a letter

Advise the police that the goods were obtained by deception.

Question 12

To successfully prosecute a person on a charge of (using altered or reproduced documents with intent to deceive) under section 259 of the Crimes Act 1961, name three mental elements you must prove:

Answer 12

1. the defendant must know that the document had been altered with intent to deceive.
2. there must be an intention to acquire or retain the property etc, or to cause loss, “by deception”.
3. the defendant must have intended by the employment of the document, or by causing another to use or 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.

Question 13

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

Answer 13

Representations may be about a past, present, or future fact or event, or about an existing intention, opinion, belief, knowledge or other state of mind. It must be capable of being false so it must contain a proposition of fact.

Simester & Brookbanks, Principles of Criminal Law, 2007, p702.

R v Morley

Question 14

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

a) What offence has the offender committed
b) Who has title to the item obtained by the offender

Answer 14

a) Obtains by Deception

b) Title would belong to the Offender which has been obtained by deception.

Question 15

The prosecution must establish either that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false. State your understanding in relation to the term (false in a material particular)

Answer 15

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

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

Question 16

Investigations into company fraud complaints will usually involve enquiries with the Ministry of Commerce. State four possible sources available there:

Answer 16

· Registrar of Companies.
· Companies Office.
· Official assignee.
· Insolvency Services.

Question 17

a) What ‘knowledge’ must an accused person have to be liable for making a false representation
b) How can ‘knowledge’ be established?

Answer 17

a) The 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.

b) Knowledge can be established by:

• An admission
• Implication from the circumstances surrounding the event
• Propensity evidence (see page 39).

Question 18

The term computer system is defined in s248 of the Crimes Act 1961. State the definition computer system means:

Answer 18

(i) A computer; or
(ii) 2 or more interconnected computers; or
(iii) Any communication links between computers or to remote terminals or another device; or
(iv) 2 or more interconnected computers combined with any communication links between
computers or to remote terminals or any other device; and
(b) includes any part of the items described in paragraph (a) and all related input

Question 19

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

Answer 19

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

Question 20

Police investigating the fraudulent use of credit cards or cheques must conduct enquires with the bank where the account is domiciled. List the information an investigator must obtain from the bank accounts manager

Answer 20

In all cases contact the accounts manager at the bank where the account is domiciled and find out:
· The account holder’s full name, occupation, private and business addresses and telephone numbers
· The date the account was opened
· The account history and how it has been operated
· The date the cheque book or credit card was reported missing
· How and by whom a loss was reported
· The serial numbers of any missing cheques
· Details of any cheques dishonoured and returned
· Whether the account holder is suspected of issuing valueless cheques.
Note: Also find out if there are other banks to which cheques have been returned and, if possible, details of the
people and firms defrauded.

Question 21

Both possession and title will pass on to a bona fide or innocent purchaser when what? (3 examples)

Answer 21

(a) When someone buys stolen property from a thief without knowledge that it is stolen.
(b) When someone buys property that has been obtained by deception prior to the original owner voiding the title.
(c) When someone buys property that has been obtained by deception without any knowledge that it was obtained by deception.

Question 22

In relation to the offence of obtaining credit by deception under section 240(1)(b) of the crimes act 1961, which of the following statements is not correct:

(a) A debt or liability must have been incurred at the time credit is obtained
(b) The debt or liability must be legally enforceable
(c) Under the definition of obtain in s217 of the crimes act 1961. It is not sufficient that the accused obtained the extension of credit to another person

Answer 22

(c) Under the definition of obtain in s217 of the crimes act 1961. It is not sufficient that the accused obtained the extension of credit to another person

Question 23

The case Hayes v R defined a pecuniary advantage as:

(a) Obtaining compensation or a fee
(b) Anything enhancing a person’s financial position
(c) Obtaining money or goods

Answer 23

(b) Anything enhancing a person’s financial position

Question 24

A person can only be charged under section 249(1) in relation to accessing a computer system for dishonest purpose when:

(a) Access has been gained with an intent to gain financially
(b) Information was downloaded about another person’s financial account
(c) He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable
consideration or loss to any other person

Answer 24

(c) He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable
consideration or loss to any other person

Question 25

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 rests with:

(a) 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
(b) The senior executive only as the state of mind for the offending was his alone
(c) The company only as the actions benefited the company

Answer 25

(a) 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 26

The term credit means:

(a) Credit obtained for a third person
(b) All transactions where goods are obtained using a credit card
(c) An obligation to pay or repay with time in which to pay

Answer 26

(c) An obligation to pay or repay with time in which to pay

Question 27

What was held in R v Crooks in relation to knowledge

(a) The accused is not liable if their conduct has amounted to wilful blindness of the circumstances as they exist
(b) The accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge
(c) The accused is liable if they are reckless as to the circumstances and continue their course of action regardless

Answer 27

(b) The accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge

Question 28

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

(a) It is proved that the accused did in fact exercise some control over the thing
(b) It is proved that the accused had possession of the thing
(c) The property was found at the premises over which the accused had control

Answer 28

(a) It is proved that the accused did in fact exercise some control over the thing

Question 29

For propensity evidence to be admissible the ultimate issue is:

(a) The degree to which the probative value of the evidence outweighs the prejudicial effect
(b) The weight that the court attaches to the propensity evidence
(c) The degree to which the prejudicial effect of the evidence outweighs the probative value

Answer 29

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

Question 30

The term valuable consideration means that a person can:

(a) Obtain a special right or advantage
(b) Obtain anything capable of being valuable consideration, whether of a monetary kind or of any other kind
(c) Receive something that enhances their financial position

Answer 30

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

Question 31

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

Answer 31

“[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 32

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

Answer 32

• That the false representation was believed, and

- That it was the consequence of that belief that the victim parted with his or her money.

Question 33

What are the essential ingredients of the forgery offences as set out in section 256(1) of the crimes act 1961?

Answer 33

Everyone is liable to imprisonment for a term not exceeding 10 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 34

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

Answer 34

• The account number and the date it was opened
• The nature and amount of the first deposit
• Details of any other deposits
• The details used when the account was opened
• Descriptions of the suspect and any of their associates at the time
• The names 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

Question 35

What are essential ingredients of section 228 of the crimes act 1961 Taking or Using Documents?

Answer 35

Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property,
service, pecuniary advantage, or valuable consideration,—

(a) Dishonestly and without claim of right, takes or obtains any document; or
(b) Dishonestly and without claim of right, uses or attempts to use any document.

Question 36

Apart from a false representation what matters would constitute a deception as defined under
section 240(2) of the crimes act 1961

Answer 36

(a) A false representation, whether oral, documentary, or by conduct, where the person making the
representation intends to deceive any other person and -
(i) Knows that it is false in a material particular; or
(ii) 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 37

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?

Answer 37

Obtain by deception
Hire Company

Question 38

Set out the ingredients of the offence of obtaining credit by deception under section 240 (1)(b) of the crimes act 1961:

Answer 38

(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and
without claim of right,-
(b) in incurring any debt or liability, obtains credit.

Question 39

What was held in the case R v Morley as it relates to section 240(2) in relation to an intention to deceive?

Answer 39

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

Question 40

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

Answer 40

Yes
Took deposits knowing he can’t fulfill them

Question 41

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

Answer 41

240(1)(a)

Question 42

What was held in R V Harney?

Answer 42

(a) A foresight of the dangerous consequences together with intent to continue the course regardless of the risk

Question 43

John purchases property with a valueless cheque on Tuesday, John sells it to Mike the local pawn shop on Wednesday, mike sells it to Jane the same day. On Thursday the valueless cheque is dishonoured and reported to the police. Who will have legal title to the property? Or who will take possession of the property?

(a) John
(b) Mike
(c) Jane

Answer 43

(c) Jane

Question 44

What was held in R v Misic?

Answer 44

“Essentially a document is a thing which provides evidence or information or serves as a record..”

Question 45

How can title be voided?

Answer 45

(c) Make a complaint to the Police

Question 46

A person who has property on hire purchase has:

Answer 46

(c) possession only

Question 47

Question on Inducement the choices were:

(a) The deceived must believe the false representation was true
(b) The deceived must not have believed the false representation was true
(c) The deceiver must believe the false representation to be false

Answer 47

(a) The deceived must believe the false representation was true

Question 48

What is a valuable consideration?

Answer 48

Anything of value

Question 49

John finds a gym membership card for the local gym / swimming pools, its a hot day so John goes to the swimming pools and uses this card to gain entry without paying. What is John’s criminal liability?

(a) Uses a document
(b) Obtains credit by deception
(c) Obtains property by deception

Answer 49

(a) Uses a document

Question 50

In relation to 240(2), besides making a false representation by oral what other ways can a false representation be made?

Answer 50

(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 51

What is the definition of Obtain as per section 217?

Answer 51

Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person

Question 52

In R V Hayes what was held in relation to pecuniary advantage.

Answer 52

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement
which constitutes the element of advantage.”

Question 53

What are the two core elements when it comes to an offence under 220 theft by a person in a special relationship? Pg 49

Answer 53

(a) that he or she have received property on terms or in circumstances which, to the accused’s 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 54

What is the difference between forgery and altering and reproduction of a document?

Answer 54

The differences between the offences of forgery and altering or reproducing a document rest in
the varying definitions of ‘document’ and ‘intent’.

With forgery, an intent to deceive only is required, not an intent to obtain by deception.

In the offence of altering, concealing, destroying, or reproducing a document, you must prove that the offender intended 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.

Question 55

Define Claim of Right S2 CA61?

Answer 55

Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which
the offence is alleged to have been committed.

Question 56

Define Access when it comes to computer offences?

Answer 56

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

Question 57

Define Property S2 CA61

Answer 57

Property includes real and personal property, and any estate or interest in any real or personal property,
money, electricity, and any debt, and any thing in action, and any other right or interest.

Question 58

Define Credit as per Fisher V Raven

Answer 58

‘Credit’ refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the
creditor. Credit does not extend to an obligation to supply services or goods:

Question 59

Define False Representation under 240(2)

Answer 59

A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -

(i) Knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular;

Question 60

List the things a judge may consider when considering propensity evidence?

Answer 60

(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

Question 61

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?

Answer 61

Uses a Document 228b

Dont forget to put in R V Hayes for uses and R V Morely.