Deception Flashcards
define access
in relation to 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.
for the purposes of money laundering (s243-245) does an act include an omission?
yes
does the term authorisation include that conferred on a person under an enactment, rule of law or order of a court?
yes
for s255, 256, 263 what does a ‘bank note’ mean?
any negotiable instrument used or intended for use as currency and issued by
- the RBNZ,
- banks in other countries or
- govts of other countries
computer system
- computer
- 2+ connected computers
- communication links between computers, remote terminals, or another device
- 2+ connected computers and links between them or remote terminals or another devices
- any part of items described above, including all related:
- input,
- output,
- processing,
- storage,
- software,
- communication facilities
- stored data.
for money laundering (s243-245) and in relation to property, was does conceal mean?
to conceal or disguise it and includes:
- to convert property from one form to another
- to conceal or disguise the nature, source, location, disposition or ownership of property or of any interest in the property
what is a counterfeit coin?
altered in any manner so as to resemble any other coin
current coin
coin of any substance lawfully current in NZ or any other country.
deal with (money laundering and in relation to property)
deal with in any manner and includes
- to dispose of it by way of sale, purchase, gift or otherwise
- transfer possession of it
- bring it into NZ
- remove it from NZ
define deception
s240(2):
(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
dishonestly
s217: in relation to an act or omission means
- done or omitted without a belief that there was express or implied consent to, or authority for,
- the act or omission from a person entitled to give such consent or authority
the 3 ways a false representation can be communicated
- writing - e.g. cheque that won’t be honoured
- conduct - e.g. pretending to be charity collector
- demeanour - e.g. clerical collar to pass oneself off as a priest etc
false document (relates to forgery)
s255:
- of which the whole or any material part:
(a) purports to be made by any person who did not make it, or by a fictitious person, OR
(b) purports to be made by or on behalf of any person who did not authorise its making, or on behalf of a fictitious person, OR
(c) has been altered, whether by
- addition, deletion, insertion, removal, erasure, obliteration, or otherwise,
and that purports to have been altered by or on behalf of a person who did not alter it or authorise its alteration, or by or on behalf of a fictitious person; OR
- that is, in whole or in part, a reproduction of any other document, and that purports to have been made by or on behalf of a person who did not make it or authorise its making, or by or on behalf of a fictitious person; OR
- that is made in the name of a person, either by that person or by that person’s authority,
- with the intention that it should pass as being made by some other person who did not make it, or by a fictitious person.
false statement
any statement in respect of which the person making or publishing it KNOWS or is RECKLESS as to whether the statement is false in a material particular
Interest for money laundering and in relation to property,
- a legal or equitable interest in the property, OR
- a right, power, or privilege in connection with the property
obtain
in relation to any person, means to obtain or retain for themselves or any other person
Proceeds (for money laundering and in relation to an offence)
any property that is derived or realised, directly or indirectly, by any person from the commission of the offence.
Property (for money laundering)
- real or personal property of any description, or an interest in such.
- whether in NZ or elsewhere and
- whether tangible or intangible,
Representation
Simister and Brookbanks
A thing that represents another.
Can be made orally, by documents or by conduct
Must be capable of being false so must contain a proposition of fact
trade secret
any information that:
- is, or has the potential to be, used industrially or commercially, AND
- is not generally available in industrial or commercial use, AND
- has economic value or potential economic value to the possessor of the information, AND
- is the subject of all reasonable efforts to preserve its secrecy.
R v Morley (deception and intention)
The deception must be practised in order to deceive the affected party. The intention must be purposeful and must exist at the time of the deception.
valueless/post-dated cheque and intention (2 cases)
R v Miller
if use a cheque and honestly believe the money was there or that an overdraft facility would have covered it then no intent to defraud and no offence.
R v Conrad
belief need not be reasonable
credit (case?)
Fisher v Raven
the debtor’s obligation to repay and the time allowed by the creditor to do so. Does not extend to an obligation to supply services or goods
criminal liability of a company
if senior executive acting on behalf of a company commits an offence then the company is criminally liable. The executive is also personally liable for their actions. (the company is the principal offender and the executive is liable as a party) junior management/employees action are not imputed to the company.
liability
legally enforceable financial obligation to pay. e.g. hotel bills
title
- being the owner.
- usually involves legal right to possession
- other parties may have interest in a thing but not necessarily have title.
- a seller cannot pass property rights to another that he does not have. e.g. a thief has no title to a stolen car and an innocent buyer cannot therefore get title.
market overt
does not apply in NZ
Hayes v R (Pecuniary Advantage)
anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Property
s2 CA61: 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.
valuable consideration
wider than pecuniary advantage. ‘anything capable of being valuable consideration’. need not be monetary.