Deception Flashcards
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
Hayes v R
A pecuniary advantage is anything that enhances the accuseds financial position. It is the enhancement which constitutes the element of advantage
Service
Limited to financial or economic value and excludes privilege or benefit
Obtain
In relation to any property means to obtain or retain for himself/herself for any other person
Property
Real and personal property, any estate/interest in any real or personal property, money, electricity and any debt. Anything in action and any other right or interest
Property
Real and personal property, any estate/interest in any real or personal property, money, electricity and any debt. Anything in action and any other right or interest
R v Hayes
An unsuccessful use of a document is as much an attempt as a successful one
Intent
A deliberate act to achieve a specific result
Dishonesty
Done without belief in consent from a person with authority
Deception
A false representation - either oral/documentary/conduct made with intent to deceive or mislead
Without claim of right
Without genuine claim to property. No belief of possessory or proprietary right to property
Title
A right or claim to the ownership of property
Uses
Single action or continual use
Service
Limited to financial or economic value. Excludes privilege or benefit
Deception
A false representation - either oral/documentary or conduct made with intent to deceive or mislead
When is forgery complete?
Forgery is complete as soon as the document is made with knowledge and intent
Examples of forgery
- Writing an examination paper in the name of another person who is required to sit the exam
- Pre-dating a deed to give it priority over another
- Forging letters of recommendation in a CV that are necessary to obtain a position
- Falsely completing a statement of service on a witness summons
Alteration
Changed in some manner
Alteration
Changed in some manner
Conceal
a) the actual hiding of a document
b) the denial of it’s existence
c) the withholding of it in the face of the positive duty to produce it.
Destruction
To end the existence of
Reproduction
Producing a copy or representation of, or made in imitation
Cause
A defendant may cause a document to be altered, concealed or destroyed either through arranging for the necessary actions by another person or by the use of a computer program or other device which will operate to alter, conceal or destroy the document
What must be proved for forgery or alter/conceal/destroy/reproduce document?
For forgery only an intent to deceive is required you do not need to prove intent to obtain by deception
For alter/conceal/destroy/reproduce document you MUST prove that the offender intended to obtain by deception
Dishonestly takes or obtain document
Section 228 (1)(a) crimes act 1961
- dishonestly
- without claim of right
- takes OR obtains
- any document
- with intent to obtain any property OR service OR pecuniary advantage OR valuable consideration
Dishonestly USES or ATTEMPTS TO USE a document
Section 228(1)(b), crimes act 1961
- dishonestly
- without claim of right
- uses or attempts to use
- any document
- with intent to obtain any property OR service OR pecuniary advantage OR valuable consideration
Obtains by deception OR cause lose by deception
(Ownership)
Section 240(1)(a), Crimes Act 1961
- by any deception
- without claim of right
- obtains ownership OR possession OR control over
- any property OR privilege OR service OR pecuniary advantage OR benefit OR valuable consideration
Obtains by deception OR cause loss by deception
(Ownership)
Section 240(1)(a), Crimes Act 1961
- by any deception
- without claim of right
- obtains ownership OR possession OR control over
- any property OR privilege OR service OR pecuniary advantage OR benefit OR valuable consideration
Obtains by Deception (Service)
Section 240(1)(b) Crimes Act 1961
- by any deception
- without claim or right
- In occurring debt OR liability
- obtains credit
Cause loss by deception
Section 240(1)(d) Crimes Act 1961
- by any document
- without claim of right
- cause loss to any other person
Obtains
Obligation to pay or repay at a time received. This obligation must be legally enforceable
Obtains
Obligation to pay or repay at a time received. This obligation must be legally enforceable
Ownership
Goods come under control, don’t have to physically have them
Simester and Brookbanks
Debt or liability must be legally enforceable if contract is void or illegal, there is no offence
Simester and Brookbanks
Debt or liability must be legally enforceable if contract is void or illegal, there is no offence
R v Morley
Intention to deceive requires purposeful intent at the time deception is practised
R v Morley
Intention to deceive requires purposeful intent at the time deception is practised
R v Morley
Loss must have been caused but deception only has to play a part in the loss
R v Morley
Loss must have been caused but deception only has to play a part in the loss
R v Cox (Possession)
Possession has two elements;
Physical - custody and control
Mental - knowledge and intent
R v Cara
Service is limited to financial or economic value, excludes privilege or benefit
R v Cara
Service is limited to financial or economic value, excludes privilege or benefit
What is the exception to handing over title
S246(4) is an exception to the tile that you cannot a better title than the seller.
If the original purchaser subsequently sells the goods to an innocent buyer (one who is not aware of the defect in title) then the title has been made legal
When is forgery complete?
Forgery is complete as soon as the document is made with the intent described in s256(1) or with the knowledge and intent described in s256(2)
When is forgery complete?
Forgery is complete as soon as the document is made with the intent described in s256(1) or with the knowledge and intent described in s256(2)
Cameron v R
Recklessness is established if:
The defendant recognized that there was a real possibility:
a) his/her actions would bring about proscribed result
b) that the proscribed circumstances existed
c) having regard to that risk those actions were unreasonable
Knowledge can be established by
- An admission
- implication from the circumstances surrounding the event
- propensity evidence
R v Morley
Intention to deceive requires purposeful intent at the time deception is practised
R v Morley
Intention to deceive requires purposeful intent at the time deception is practised
Access
In relation to any computer system mean instruct, communicate with, store data in, receive data from or otherwise make use of any of the resources of the computer system
Alteration
A document is altered if changed in some manner
Alteration
A document is altered if changed in some manner
Conceal
a) The actual hiding of a document
b) the denial of it’s existence
c) the withholding of it in the face of a positive duty to produce it
Conceal
a) The actual hiding of a document
b) the denial of it’s existence
c) the withholding of it in the face of a positive duty to produce it
Inducement
To persuade, bring about or give rise to
Inducement
To persuade, bring about or give rise to
When can propensity evidence be called?
When there is a sufficiently strong connection between the offences. Propensity evidence may also be used to disprove a defence of mistake or innocent intention.
What is required to prove a false representation?
To prove a false representation;
- That there was an intent to deceive
- That there was a representation by the defendant
- that the representation was false and that the defendant either
- knew it to be false in a material particular - was reckless whether it was false ina material particular
Company deception investigations seldom involve offences committed by a company as an entity. What are the four principal ways this can occur
EMPLOYEE FRAUD
large scale thefts and other dishonesty offences against employers by employees. Eg accountants and managers who use their position to manipulate the company’s financial systems
EXTERNAL FRAUD
Dishonesty offences committed against companies and financial institutions by people outside the company obtaining a benefit from it through deception. Includes GST deception against the IRD by businesses with false GST returns
COMMERCIAL DECEPTION
Commerical deception is committed against the public by people who either as individuals or through the guise of a company entice people to invest money.
ABUSE OF TRUST
Dishonesty offences committed by professional people in a position of trust, such as solicitors and accountants against their clients
Company deception investigations seldom involve offences committed by a company as an entity. What are the four principal ways this can occur
EMPLOYEE FRAUD
large scale thefts and other dishonesty offences against employers by employees. Eg accountants and managers who use their position to manipulate the company’s financial systems
EXTERNAL FRAUD
Dishonesty offences committed against companies and financial institutions by people outside the company obtaining a benefit from it through deception. Includes GST deception against the IRD by businesses with false GST returns
COMMERCIAL DECEPTION
Commerical deception is committed against the public by people who either as individuals or through the guise of a company entice people to invest money.
ABUSE OF TRUST
Dishonesty offences committed by professional people in a position of trust, such as solicitors and accountants against their clients
What key sources of a successful company deception investigation
- Police accountants and legal officers
- Ministry of Business, Innovation and Employment
- commerce commission
- financial markets authority
- NZ customs
- Liquidators and receivers
When should you notify the Serious Fraud Office SFO
- all bribery and corruption offences
- all fraud complaints with an actual or potential loss in excess of $2,000,000. the actual or potential loss must result from the fraud under investigation
- all fraud complaints where the facts, law or evidence is of great complexity eg international financial transactions
- any fraud complaint of great interest or concern eg fraud involving a public figure
- the office will determine whether the complaint involves a serious or complex fraud
Debt
A debt is money owed by one person to another
Debt
A debt is money owed by one person to another
Liability
A liability is a legally enforceable financial obligation to pay. Eg restaurant or hotel bills
Voiding title
A thief never gets title to the property because the owner never intents to pass it on, but in cases of deception the owner is induced to part with it, because of this the defrauder has a voidable title and anyone who buys the property in good faith and without notice of the deception gets a good title even when they purchase this front he offender who has a voidable tuflem the person defrauded van, however void the title while it is still in the hands of the defrauder by
- advising the defrauder by letter or in person that the person defrauded is ware of the deception. If the defrauder van be contacted a public notice in the newspaper is sufficient or
Complaining to police that the property was obtained by deception
