Deception Liabilities Short Form Flashcards

1
Q

Dishonestly Takes a Document

A
Section 228(1)(a), Crimes Act 1961
7 years
  • With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
  • Dishonestly
  • And Without claim of Right
  • Takes or Obtains any document
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2
Q

Uses/Attempts to use a Document

A
Section 228(1)(b), Crimes Act 1961
7 years
  • With intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
  • Dishonestly
  • And Without claim of Right
  • Uses or Attempts to Use any document
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3
Q

Obtaining property by deception

A

Section 240(1)(a), Crimes Act 1961

  • By any Deception
  • Without claim of right
  • Obtains ownership OR Possession of OR control over
  • Property OR Privilege OR service OR Pecuniary advantage OR Benefit OR Valuable Consideration
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4
Q

Obtaining credit by deception

A

Section 240(1)(b), Crimes Act 1961

  • By any Deception
  • Without claim of right
  • in incurring any debt OR liability
  • obtains credit
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5
Q

Obtaining by deception/causing loss by deception

Altering documents

A

Section 240(1)(c), Crimes Act 1961

  • By any Deception
  • Without claim of right
  • induces or causes any other person to
  • deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage;
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6
Q

Causing loss by deception

A

Section 240(1)(d), Crimes Act 1961

  • By any Deception
  • Without claim of right
  • Causes loss to any other person
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7
Q

Accessing computer system for dishonest purpose

Obtain

A

Section 249(1)(a), Crimes Act 1961

  • Everyone who
  • accesses any computer system
  • dishonestly or by deception
  • without claim of right
  • obtains any property, privilege, service, pecuniary advantage, benefit, or
    valuable consideration
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8
Q

Accessing computer system for dishonest purpose

Cause loss

A

Section 249(1)(b), Crimes Act 1961

  • Everyone who
  • accesses any computer system
  • dishonestly or by deception
  • without claim of right
  • causes loss to any other person.
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9
Q

Accessing computer system for dishonest purpose

with intent

Obtain

A

Section 249(2)(a), Crimes Act 1961

  • Everyone who
  • accesses any computer system
  • dishonestly or by deception
  • without claim of right
  • with intent
  • to obtain any property, privilege, service, pecuniary advantage, benefit, or
    valuable consideration
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10
Q

Accessing computer system for dishonest purpose

with intent

Cause loss

A

Section 249(2)(b), Crimes Act 1961

  • Everyone who
  • accesses any computer system
  • dishonestly or by deception
  • without claim of right
  • with intent
  • to cause loss to any other person.
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11
Q

Damaging or interfering with a computer system

danger to life

A

Section 250(1), Crimes Act 1961

  • Everyone who
  • intentionally or recklessly
  • destroys, damages, or alters any computer system
  • if he or she knows or ought to know that danger to life is likely to result
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12
Q

Damaging or interfering with a computer system

damage data

A

Section 250(2)(a), Crimes Act 1961

  • Everyone who
  • intentionally or recklessly
  • without authorisation
  • knowing that he or she is not authorised, or
    being reckless as to whether or not he or she is authorised
  • damages, deletes, modifies, or otherwise interferes with or impairs any data or
    software in any computer system;
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13
Q

Damaging or interfering with a computer system

causes data to be damaged

A

Section 250(2)(b), Crimes Act 1961

  • Everyone who
  • intentionally or recklessly
  • without authorisation
  • knowing that he or she is not authorised, or
    being reckless as to whether or not he or she is authorised
  • causes any data or software in any computer system to be damaged, deleted,
    modified, or otherwise interfered with or impaired
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14
Q

Damaging or interfering with a computer system

causes computer to fail

A

Section 250(2)(c), Crimes Act 1961

  • Everyone who
  • intentionally or recklessly
  • without authorisation
  • knowing that he or she is not authorised, or
    being reckless as to whether or not he or she is authorised
  • causes any computer system to fail OR deny service to any authorised users
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15
Q

Accessing computer system without authorisation

A

Section 252(1), Crimes Act 1961

  • Everyone who
  • intentionally
  • Accesses any computer system
  • without authorisation
  • knowing that he or she is not authorised, or
    being reckless as to whether or not he or she is authorised
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16
Q

Forgery

obtain

A

Section 256(1), Crimes Act 1961

  • Everyone
  • makes a false document
  • with the intention of using it
  • to obtain any property, privilege, service,
    pecuniary advantage, benefit, or valuable consideration.
17
Q

Used Forged Documents

A

Section 257(1)(a) or (b) or (c), Crimes Act 1961

  • Everyone
  • knowing a document to be false
    (a) uses, the document to obtain any property, privilege, service, pecuniary
    advantage, benefit, 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.
18
Q

Altering or reproducing documents

A

Section 258(1)(a) or (b), Crimes Act 1961

  • with intent to
  • obtain by deception any property, privilege, service, pecuniary advantage, benefit,
    or valuable consideration OR
  • cause loss to any other person
    (a) alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed
    (b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document
19
Q

Using altered or reproduced document with intent to deceive

A

Section 259(1)(a) or (b), Crimes Act 1961

  • Everyone
  • Knowing any document to have been made or altered in the manner and with the intent referred to in section 258
  • with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration OR cause loss to any other
    person
    (a) uses, or deals with, or acts upon, the document OR
    (b) causes any person to use or deal with, or act upon, the document
20
Q

Forgery

used or acted upon

A

Section 256(2), Crimes Act 1961

  • Everyone
  • makes a false document
  • knowing it to be false
  • with the intention that it in any way be used or acted upon as genuine
  • whether in N.Z or elsewhere