Definitions & Examples Flashcards
Deception
A false representation where the person making the representation intends to deceive any other person, knowing or being reckless that it is false in a material particular
OR
An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it.
OR
A fraudulent device, trick, or stratagem used with intent to deceive any person.
Dishonestly
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
Claim of Right
Section 2 CA 1961 - A belief at the time of the act in a propriety or possessory right in property
Material Particular
A material particular is a matter of significance, it is something important or something that matters.
‘Critical to the matter at hand’.
False Representation
Representation - about a past or present fact, future event or an existing intention, opinion, belief, knowledge or state of mind
False Representation - the representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false.
Wilful blindness will suffice.
Obtain
Obtain or retain for himself or herself or for any other person
Taking
Moving property or causing it to be moved.
Loss - section 240(1)(d)
Must be in the nature of a direct loss. Indirect losses such as expectation loss and loss of anticipated profits are not included.
R v Morley - the loss alleged by the victim must have been induced by or caused in reliance upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.
Omission
Inaction i.e. not acting. Either a conscious decision not to do something or not giving it thought at all.
A duty to disclose requires you to show that there was a material particular required to be disclosed that was not.
Property
Section 2 CA 1961 - Any estate or interest in any real or personal property, money, electricity, any debt, anything in action, any other right or interest.
Control
Exercise authoritative or dominating influence or command over it.
Interest
A legal or equitable state or interest in property or a right, power, or privilege in connection with a property.
Special Interest
Contractors Lien, a right over another persons property to protect a debt charged on that property.
Credit
Obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.
Obligation to pay must be legally enforceable.
Incurred Debt/Liability
Debt - money owing from one person to another.
Liability - financial obligation to pay.
Knowledge
Knowing or correctly believing. The defendant may believe something wrongly, but cannot know something that is false.
Wilful blindness equates to knowledge.
Title
A legal right or claim to the ownership of property.
Ownership and title are synonymous.
Voidable Title
A title obtained by deception, fraud, duress or misrepresentation can be avoided (vacated) by the seller.
Until the title is voided, the fraudster has voidable title, and can confer good title on anyone who acquires the goods from him or her in good faith and for value.
Forgery
Making a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration or knowing it to be false with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.
Forgery is complete as soon as the document is made with knowledge and intent (to deceive).
Access
Instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.
Authorisation
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.
Device, Trick or Stratagem
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
Bonafide
Genuine or real - ‘without intention to deceive’
Computer System (Examples)
- a computer
- two or more interconnected computers
- any communication links between computers or to remote terminals or another device
- two or more interconnected computers combined with any communication links between computers or to remote terminals or any other device
- all related input, output, processing, storage, software or communication facilities and stored data
Document (Examples)
- Any paper or other material used for writing
- Any photograph, photographic negative, film, slide etc
- Any disc, tape, wire, soundtrack, card or device that stores information
- Any material by which information is supplied
False Representation (Examples)
- oral: verbally claiming to own goods that are in fact subject to a hire purchase agreement
- conduct: representing oneself as a collector for charity by carrying an official collection bag, tendering the wrong amount for an item after swapping its price tag, wearing a clerical collar to pass oneself off as a minister of religion
- document: presenting a false certificate of qualification or completing a valueless cheque on an account in which there are no funds knowing the cheque will not be honoured.
Forgery (Examples)
- writing an examination paper in the name of another person who is required to sit the exam
- pre-dating a deed to give it priority over another
- forging letters of recommendation for inclusion in a CV that are necessary to obtain a position
- Falsely completing a statement of service on a witness summons
Credit (Examples)
- Obtaining money on loan
- Extending existing overdraft facilities
- Renting or leasing a dwelling
Pecuniary Advantage (Examples)
- Cash from stolen goods
- goods obtained by a credit or discount
- Avoiding or differing a payment
Valuable Consideration (Examples)
- goods given in return for services
- issuing a false invoice
- monetary payments
Service (Examples)
- Restaurant
- Taxi
- Cleaning service
- Hairdresser
Benefit / Privilege (Examples)
A special right or non-monetary advantage:
- an invasion of another privacy
- the obtaining of another password for access onto a particular internet site
- accessing email communications
- obtaining information or knowledge that may be used to exploit or embarrass another person
- a benefit on sentencing
- showers at a campsite
- access to medical services
