Deception CIB 008 Part 2

Question 1

Ultimate issue of propensity evidence

Answer 1

The degree to which the probative value of the evidence outweighs the prejudicial effect.

Question 2

Section 40 Evidence Act 2006

Propensity rule (1)

Answer 2

(a) means evidence that tends to show a person’s propensity to-

• act in a particular way or,
• to have a particular state of mind,

being evidence of acts, ommissions, events or circumstances with which the person is alleged to have been involved; but

(b) does not include evidence of an act or omission that is-

• 1 of the elements of the offence
• the cause of action in the proceeding in question

Question 3

Section 43 Evidence Act 2006

Propensity evidence offered by prosection

(1)

Answer 3

(1) only if the evidence has a probative value in relation to an issue in dispute which outweighs the risk that the evidence may have an unfairly prejudical effect on the defendant

Question 4

Section 43 Evidence Act 2006

Propensity evidence offered by prosection

(2)

Answer 4

The judge must take into account the nature of the issue in dispute

Question 5

Section 43 Evidence Act 2006

Propensity evidence offered by prosection

(3)

Answer 5

(3) Considerations for judge when assessing probative value:
a) the frequency with which the acts, ommissions, events or circumstances which are the subject of the evidence have occured
b) the connection in time between the acts ommissions, events or circumstances which are the subject of the evidence and the acts ommissions, events or circumstances which are being tried;
c) the extent of the similarity between the acts ommissions, events or circumstances which constitute the offence being tried;
d) the number of persons making the allegations
e) whether those allegations be the result of collusion or suggestibility
f) the extent to which the acts ommissions, events or circumstances which are the subject of the evidence and the acts, ommissions, events or circumstances which consistue the ofence are unusual.

Question 6

Propensity -admissibility & relevance

Adams on Criminal Law

Answer 6

Adams on Criminal Law

Persistent dishonesty accross the board, embracing a number of offences would not in itself bring the propensity rule into play. It is more likely to be deployed in cases involving specific offences with a discernable methodology or pattern

Question 7

Evidence Act 2006 Section 7 (3) Evidence & relevance

Answer 7

Evidence is relevant:

if it has a tendency to prove or disprove anything that is of consequence to the deteremination of the proceeding.

Question 8

Rv Sharma

Answer 8

The ultimate issue is the degree to which the probative value of the evidence outweighs its prejudical affect

Question 9

Title -definition

Answer 9

A right or claim to the ownership of property

A legal right to the property

Question 10

Three ways to avoid title

Answer 10

1. Communicating with defendant
2. Taking all reasonable steps to bring to notice
3. Advising police of circumstances

Question 11

General rule of law on Title

Answer 11

No one can pass on a better title than they themselves have.

Question 12

Section 25 Sale of Goods Act 1908

Answer 12

• Seller of goods has a voidable title,
• but the title has not been avoided at the time of the sale,
• the buyer acquires a good title to the goods,
• provided he buys them in good faith and without notice of the sellers defect of the title.

Question 13

Forgery

Section 256 (1) Crimes Act 1961

Answer 13

10years who:

• Makes a false document
• With the intention of using it
• to obtain any Benefit; Property; Privilege; Pecuniary Advantage; Service or valuable consideration

Question 14

Forgery

Section 256 (2) Crimes Act 1961

Answer 14

(2) 3 years who:

• Makes a false document
• Knowing it to be false
• With the intent that in any way be
• used or acted upon
• whether in NZ or elsewhere
• as genuine

Question 15

Forgery- completion

Answer 15

Forgery is complete as:

• soon as the document is made with the intent
• described in subsection (1) of section 256 or
• with knowledge and intent described in subsection (2).

Question 16

Section 255 (a) Crimes Act 1961

False Document definition

Answer 16

means a document:

(a)

• of which the whole or any material part purports to be made
• by any person who did not make it, or
• by a fictitious person

Question 17

Section 255 (b) Crimes Act 1961

False Document definition

Answer 17

means a document:

(b)

• of which the whole or any material part purports to be made
• by or on behalf of any person
• who did not authorise its making, or
• on behalf of a fictitious person

Question 18

Section 255 (c) Crimes Act 1961

False Document definition

Answer 18

means a document-

(c)

• of which the whole or any material part has been altered whether by:
• Addition, Insertion, Deletion, Obliteration, Erasure, Removal 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

Question 19

Section 255 (d) Crimes Act 1961

False Document definition

Answer 19

means a document-

(d)

• 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

Question 20

Section 255 (e) Crimes Act 1961

False Document definition

Answer 20

means a document-

(e)

• that is made in the name of a person
• either by that person or by that persons 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

Question 21

False document - bottom line

Answer 21

The document itself must lie about itself, or intend to convey a lie in cases where it has been written by someone intending to pass it off as having been written by someone else.

Example: A print of a forged Goldie painting is not forgery- only the original forgery claiming to be an unforged original constitutes a forgery

Question 22

Section 257 (1) Crimes Act 1961

Using forged documents

Answer 22

(1) 10 years who, knowing a document to be forged:
(a) uses the document to obtain any Property, Privilege, Pecuniary Advantage, Benefit, Service or Valuable Consideration; or
(b) uses, deals with or acts upon the document as if it were genuine; or
(c) causes any other person to use, deal with, or act upon it as if it were genuine.

Question 23

Section 258 (1)(a) Crimes Act 1961

Altering, concealing, destroying or reporducing documents with intent to decieve

Answer 23

(1) 10 years who:

• With intent to obtain by deception any
• Property, Privilege, Pecuniary Advantage, Benefit, Service, or Valuable Consideration,
• or to cause loss to any person-

(a) Alters, Conceals, or Destroys any document, or

Ccauses any document to be Altered, concealed or Destroyed; or

Question 24

Section 258 (1)(b) Crimes Act 1961

Altering, concealing, destroying or reporducing documents with intent to decieve

Answer 24

(1) 10 years who:

With intent to obtain by deception any

Property, Privilege, Pecuniary Advantage, Benefit, Service, or Valuable Consideration,

or to cause loss to any person-

(b) makes a document or causes a document to be made that is

in whole or in part, a reproduction of any document

Question 25

Access -definition under 248

Answer 25

The access in relation to any computer system, means:

• instruct, communicate with, store data in, receive from, or otherwise make use of
• any of the resources of the computer system.

Question 26

Actions involved with accessing a computer system

Answer 26

Access requires:

• the person instructing or communicating with the computer system
• has some form of connection with the computer system
• through which instructions or communications may pass.

Question 27

Intent to prove within Section 249(2) Crimes Act 1961

Answer 27

(a) obtained any property, privilege, service, pecuniary advantage, benefit, valuable consideration or;
(b) cause loss to any person

Question 28

Differences between 249 (1) & 249 (2) Crimes Act 1961

Answer 28

1 - is directed at the situation where a person has actually accessed a computer system, obtains the offending material or causes loss to any person.

2 - is directed at someone who actually accesses the computer system with that intent regardless of the result

Question 29

Forgery vs Altering a document

Answer 29

Forgery - intent to decieve

Altering a document- intent to obtain by deception

Question 30

Credit card and cheque fraud –what to find out from a bank

Answer 30

• the account holder’s full details -name, occupation, private and business addresses and telephone numbers
• whether the account holder is suspected of issuing valueless cheques.
• the date the account was opened
• the account history and how it has been operated
• the (2M) date the cheque book or credit card was reported missing
• how and by whom (K6) a loss was reported
• the SN serial numbers of any missing cheques
• details of any cheques dishonoured and returned

Question 31

Definition of a Computer System

Answer 31

(a) means—
(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, output, processing, storage, software, or communication facilities, and stored data.

Question 32

Definition for Authorisation

Section 248 Crimes Act 1961

Answer 32

Includes an authorisation conferred on a person by or under an enactment or a rule of law, or by an order of a court or judicial process

Question 33

Accessing Computer System without Authorisation

Section and Elements

Answer 33

S252 CA61

(1) 2 years who:

• Intentionally accesses, directly or indirectly, any computer system
• without authorisation,
• knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system.

(2) To avoid doubt, subsection (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.

Question 34

Damaging or Interfering with a Computer System

Without authorisation damage, delete, modify

Section and Elements

Answer 34

S250 CA61

(2) 7 years who:

• Intentionally or recklessly, and without authorisation,
• knowing that he or she is not authorised, or being reckless as to whether or not he or she is authorised,—

(a) damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
(b) causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or

(c) causes any computer system to—
(i) fail; or
(ii) deny service to any authorised users.

Answer 35

Three mental elements of section 259 CA 1961

Firstly the defendant must know that the document had been altered with intent to deceive.

Secondly, 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,

Thirdly, there must be an intention to acquire or retain the property etc, or to cause loss, “by deception”.