Definitions

Question 1

Obtain

Answer 1

s217 CA 61 - Obtain, in relation to any person, means to obtains or retain for themselves or any other person.

Question 2

Property

Answer 2

s2 CA 61 - Property includes any real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any other thing in action, and any other right or interest.

Question 3

Service

Answer 3

Service is limited to financial or economic value.

Question 4

Pecuniary advantage

Answer 4

Hayes v R - A pecuniary advantage is anything that enhance the the accused’s financial position. It is the enhancement which constitutes the element of advantage.

Question 5

Valuable consideration

Answer 5

Hayes v R - anything capable of being a valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth.

Question 6

Dishonestly

Answer 6

s217 CA 61 - in relation to any act or omission, means something done or omitted without a belief that the was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 7

Without claim of right

Answer 7

s2 CA 61 - in relation to any act, means belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offender is alleged to have been committed.

Question 8

Takes

Answer 8

s219(4) - for tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 9

Document

Answer 9

s217 CA 61 - Includes part of a document in any form, and includes:

• Paper/material containing anything that can be read
• Photos, negatives and related items
• Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

R v Misic - essentially a document is a thing which provides evidence or information or serves as a record

Question 10

Uses or attempts to use

Answer 10

Hayes v R - An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary ingredient of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.

Question 11

Deception

Answer 11

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 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.

Question 12

Representation

Answer 12

Simister & Brookbanks - it must be capable of being false so it must contain a proposition of fact

Question 13

False representation

Answer 13

Under current law, the representation must be false and the defendant must know or believe that it is false, or be reckless to whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

Question 14

Intention to deceive

Answer 14

R v Morley - an intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the times of the deception.

Question 15

Intent

Answer 15

In a criminal law context there are two specific types of intention in an offence. Firstly an intention to commit the act and secondly, an intention to get a specific result.

Question 16

Knowledge

Answer 16

Simester & Brookbanks - knowing means knowing or correctly believing, the defendant may believe something wrongly, but cannot know something that is false.

R v Crooks - wilful blindness is not a defense

Question 17

Reckless

Answer 17

R v Harney - Recklessness means the conscious taking of an unjustified risk, in NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk

Question 18

Omission

Answer 18

An omission is inaction, i.e not acting

Question 19

Device, trick, stratagem

Answer 19

Device - A plan, scheme or trick
Trick - An action or scheme undertaken to fool, outwit,
or deceive.
Stratagem - A cunning plan or scheme especially for
deceiving an enemy, or trickery.

Question 20

Possession

Answer 20

R v Cox - Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 21

Debt, liability

Answer 21

Debt - means money owing from one person to
another
Liability - means a legally enforceable financial
obligation to pay, such as the cost of a meal

Question 22

Credit

Answer 22

Refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.

Question 23

Timing of intention to deceive

Answer 23

The intention to deceive is essential and must exist at the time when the deception is perpetrated.

R v McKay - On appeal it was held that the credit had been obtained on booking in but at that time the accused did not possess an intent to deceive.

Question 24

Person

Answer 24

proven by judicial notice or circumstantially

Question 25

Propensity evidence

Answer 25

s40 Evidence Act 2006 - means evidence that tends to show a person’s propensity to act in a particular way or to have a particular state of mind

Question 26

Title

Answer 26

Oxford Dictionary - a right or claim to the ownership of property

Question 27

Voidable title

Answer 27

A title obtained by deception, fraud, duress or misrepresentation is called a voidable title

Question 28

How to avoid title

Answer 28

• take all possible steps to communicate with them

- advise Police that the object was obtained by fraud

Question 29

False document

Answer 29

s 255 CA 61

(a) - whole or part purports to be made by any person who did not make it
(b) - whole or part purports to be made by or on behalf of a person who did not authorise it
(c) - whole or part has been altered and purports to have been altered by someone who did not authorise it
(d) - whole or part, a reproduction of any other document and purports to be made by or on behalf of a person who did not authorise it
(e) - that it is made in the name of a person who did not authorise it

Question 30

Computer system

Answer 30

s248
(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 31

Access

Answer 31

in relation to any 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

Question 32

Authorisation

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