Decpetion (Continued)

Question 1

Information to obtain from bank managers

Answer 1

• Account holders (suspects) full details, name address etc
• Date account was opened.
• Account history, how its been used.
• Date cheque book or card was reported missing.
• How and whom the loss was reported.

Question 2

Credit Case Law

Answer 2

Fisher V Raven?
Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Does not extend to an obligation to supply goods or services.

Question 3

Access (Definition)

Answer 3

Access – Instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.

Question 4

Computer System (Definition)

Answer 4

A computer, or 2 or more computers, communication links, remote terminals, another device, all related input, output, processing, storage, software, communication facilities and stored data.

Question 5

What prosecution must prove in special relationship

Answer 5

Received property in circumstances which, to the defendant’s knowledge, effect what the Defendant may do with the property or proceeds, or require defendant to act in accordance with the requirements of another person. AND the defendant intentionally departed from the relevant obligation.

Question 6

Points to cover off with Victim who has been Victim of Fraud?

Answer 6

• ID used by offender
• Descriptions of offender, property obtained, vehicles used etc.

Question 7

Company fraud categories A, B, C and D?

Answer 7

A- Employees thefts from employer’s (managers and accountants). Usually large-scale thefts. Dishonestly take/using docs, theft in special relationship, alter documents etc.
B- Dishonesty offences committed against financial institutions by people outside the institution obtaining money from it through deception. Incl GST deception against IRD by false GST return.
C- Commercial deception committed against the public by individuals, or under the guise of a company, entice people to invest.
D- Dishonesty offences committed by professional people against their clients. Eg. Accountants, lawyers.

Question 8

Judge may consider when assessing propensity evidence?

Answer 8

• Frequency, omissions, events and circumstances subject of the evidence.
• The connection and/or similarities between these.
• Number of people making similar allegations. Will these be unfair on defendant or give disproportionate weight to the evidence.

Question 9

Mental elements to prove? (using altered or reproduced document with intent to deceive)

Answer 9

1. Know the document has been altered with intent to deceive.
2. Intended by its use to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.
3. Intention to acquire or retain property, privilege, service, pecuniary advantage, benefit, or valuable consideration OR cause loss by deception.

Question 10

Knowledge making a false representation – How can knowledge be established?

Answer 10

A false representation is a representation the defendant knew / believed was false, or was reckless weather it was false. Must prove there was an intent to deceive, there was a representation and it was false, or reckless weather it was false.

Question 11

What source information is available MBIE?

Answer 11

• Registrar of companies
• Companies office
• Official assignee
• Insolvency services

Question 12

When may propensity evidence be called?

Answer 12

To prove a person to act in a certain way or have a particular state of mind. Used to disprove a defence or innocent intention.

Question 13

Define material particular?

Answer 13

Important, essential, relevant detail or item. Something important or that matters.