Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

.9.8.1.8. > Dhoka > Flashcards

Dhoka Flashcards

1
Q

To prove a charge of theft by a person in a special relationship under section 220(1), it is necessary to prove that the person knew they had to:

A

Account to any other person for the property, or for any proceeds arising from the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What was held in R v Morley (2009) NZCA 618 the matter of loss in relation to s240(1)(d) Crimes Act 1961?

A

The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

For a charge under section 240(1) (b) of the Crimes Act 1961 (obtaining credit by deception), the obligation to repay means?

A

Obligation to repay must be a legally enforceable one

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

A fraudulent device, trick or stratagem used with intent to deceive any person must be

A

Fraudulent, meaning dishonest in the traditional moral sense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Can a Fraud office investigator arrest?

A

No power to arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Explain:

  1. Debt
  2. Liability
A
  1. Debt means money owing from one person to another.

2. Liability means a legally enforceable financial obligation to pay, such as the cost of a meal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

To successfully prosecute a person on a charge of (using altered or reproduced documents with intent to deceive) under section 259 of the Crimes Act 1961, name three mental elements you must prove:

A

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”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What was held in R V Harney?

A

A foresight of the dangerous consequences that could well happen together with intent to continue the course of conduct regardless of the risk.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What was held in R V Misic?

A

Essentially a document is a thing which provides evidence or information or serves as a record.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A persons who has property on hire purchase has

A

Possession only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Question on Inducement

A
  • The deceived must believe the false representation

Proof of inducements – direct evidence from the deceived party that the false representation was believed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

An example of valuable consideration?

A

Issuing a false invoice to recieve payment for goods never supplied

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Going to gym using a stolen membership card

A
  • Criminal liability is Obtaining by deception 240(1)(a)

- He obtained a privilege or benefit (special right or advantage)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

240(2) Besides making a false representation by oral what other ways
can a false representation be made?

A
  • False representation by documentary,

- False representation by conduct,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the two core elements of proof when it comes to an offence under 220 theft by a
person in a special relationship? Pg 45

A

A. He or she have received property on terms or in circumstances which, to the defendant’s knowledge, affect what the defendant may do with the property or its proceeds or require the defendant to act in accordance with the requirements of another person, and

B. The defendant intentionally departed from the relevant obligation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the difference between forgery and altering and reproduction of a
document? page 71

A
  1. It rest in the varying definitions of “document” and “intent”.
  2. With forgery, an intent to deceive only is required, not an intent to obtain by deception. In the offence of altering, concealing, destroying, or reproducing (CARD) a document, you must prove that the offender intended to obtain by deception.
  3. Any document can be altered or reproduced in the charge of (CARD) altering, concealing, destroying, or reproducing a document. However in the charge of forgery, the document must be a “false document” as defined in section 225 of the Crimes Act 1961.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define Claim of Right S2 CA61?

A

In relation to any act means a 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 any matter of law other than the enactment against which the offence is alleged to have been committed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Define Access when it comes to computer offences?

A

“Access” is widely defined and covers almost all interactions with a computer system such as using a computer at work and more remote forms of access such as viewing a website or using a virus.
Assess requires that 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: Adams on Criminal Law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Define Credit as per Fisher V Raven

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Define False Representation under 240(2)

A
  • This is not defined.
    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. Absolute certainty is not required and willful blindness as to falsity of the statement will suffice.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

List the things a judge may consider when considering propenisity evidence? pg 40
- Section 43 Evidence Act 2006

A
  1. The prosecution may offer propensity evidence about a defendant in criminal proceeding only if the evidence has a probative value in relation to an issue in dispute in proceeding which outweighs risk the evidence may have an unfairly prejudicial effect on the defendant.

When assessing the prejudicial effect of evidence on the defendant, the judge must consider, among any other matters,
(a) whether the evidence is likely to unfairly predispose the fact-finder against the defendant;

(b) and whether the fact-finder will tend to give disproportionate weight in reaching a verdict to evidence of other acts or omissions.

22
Q

What instance both possession and title will pass on to a bonafide or innocent purchaser?

A

When the property is bought by a third party from a person who obtained it by deception before the original owner voids any title.

23
Q

A senior executive of a company acting on behalf of the company causes loss to
other companies, who is held criminally liable?

A

Both the senior executive and the company as the actions of the executive are said to be the actions and state of mind of the company

24
Q

Dishonest access of a computer what is required to prove this?

A

A person can only be charged under section 249(1) in relation to accessing a computer system for dishonest purpose when
- He/She actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person.

25
Q

In relation to the offence of obtaining credit by deception under section 240(1)(b) of the Crimes Act 1961 - rule for debt

A
  • A debt or liability must have been incurred at the time credit is obtained
  • The debt of liability must be legally enforceable
26
Q

What was held in R v Crooks in relation to knowledge

A
  • The accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge.
27
Q

For propensity evidence to be admissible the ultimate issue is

A
  • The degree to which the probative value of the evidence outweighs the prejudicial effect
28
Q

The term valuable consideration means that a person can

A
  • Obtain anything capable of being valuable consideration, whether of a monetary kind or of any other kind.
29
Q

Propensity Evidence - What will court decide? Adams on Criminal Law

A

Court will decide whether the evidence is propensity evidence or simply regarded as relevant evidence. Persistent dishonesty across the board, embracing a number of offences, would not 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.

30
Q

Adams on Criminal Law - Propensity

A

Court will decide whether the evidence is propensity evidence or simply regarded as relevant evidence. Persistent dishonesty across the board, embracing a number of offences, would not 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.

31
Q

R v Sharma

A

The ultimate issue is the degree to which the probative value of the evidence outweighs its prejudicial effect.

32
Q

Explain Title?

A

Not defined in CA 1961. Means a right or claim to the ownership of property.

33
Q

Section 149 - Sale by person not owner

A

Person who not the owner of goods.

Does not sell goods under the authority or with consent of owner.

The buyer acquires no better title than the seller. Unless owner of goods is by the owners conduct precluded from denying the sellers authority to sell.

34
Q

Voidable Title

A

Title obtained by (DFDM) Deception, Fraud, Duress or Misrepresentation is called Voidable Title.

35
Q

151 Contract & Commercial Law - Sale under Voidable Title

A
  1. Seller had voidable title to the goods.
  2. Seller’s title has not become void at the time of the sale.
  3. Buyer acquires a good title to the goods if the buyer buys goods in good faith and without notice of the seller’s defect to title.
36
Q

Hiring items using false details charge? Who owns it?

A
  • Obtains by deception 240(1)(a) CA1961

- The company

37
Q

R V Morely in relation to an intention to deceive?

A

The deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

38
Q

List possible enquiries you should make regarding the offender opening the account with Factious details to the bank using Cheque.

A
  • The account number and the date the account was opened
  • The nature and amount of the first deposit and details of any other deposits
  • The details the offender used when the account was opened
  • CCTV or photographs of the offender
  • Obtain descriptions of the suspect and any of their associates or vehicles at the time.
  • Obtain a sample of the suspect’s handwriting from bank documents.
  • The details of the employee who opened the account and any other employees who can identify the suspect – Interview these employees and obtain statements
  • The serial numbers of the cheques supplied
  • See if the cheques are being spent in a pattern or at the same store or types of stores
  • See if any other banks have the same problem or if any other police stations or fraud squads are holding related complaints and information.
39
Q

Outline the suggested sources of specialist information you should canvass and the type of potential assistance those sources can provide the investigation.

A
  1. Police Accountants and legal officers
    • Police forensic accountants can give advice and assist personally
    • Police legal section can help in preparing production orders, search warrants and charges
  2. Ministry of business, innovation and employment
    - Possible sources of information are: Registrar of companies, companies office, official assignee, insolvency services.
  3. Commerce commission
    • Matters relating to:
      The fair trading 1986, The unsolicited Goods and Services Act 1975, Pyramid selling
  4. Financial Markets Authority
    - Matters relating to the Securities Act 1978 and the issuing of prospectuses
  5. NZ Customs
    • Customs can assist in matters involving international travel and CAPPS alerts
  6. Liquidators and receivers
    - These administer companies that are in liquidation or receivership. They are usually accountants
40
Q

Material particular definition?

A
  • Material in particular is not defined in the Crimes Act and can be given its usual meaning of an important, essential or relevant detail or item.
  • R v Mallett – A matter will be a material particular if it is something important or something that matters.
41
Q

Explain Lien?

A

A lien is a right over another’s property to protect a debt charged on that property

42
Q

Removing and replacing price tag or knowingly paying less for wrong tag

A

Obtains by Deception

43
Q
  1. Device
  2. Trick
  3. Stratagem
A
  1. A plan, Scheme or trick
  2. An action or scheme undertaken to fool, outwit or deceive
  3. A cunning plan or scheme especially for deceiving an enemy or trickery
44
Q

How is knowledge established?

A

Prosecution must prove the defendant knew the representation was false in a material particular or was reckless as to its falsity. Absolute certainty is not required.

  1. An admission
  2. Implication from the circumstances surrounding the event
  3. Propensity evidence
45
Q

Simester V Brookbanks

A

The offender may believe something wrongly by cannot know something that is false.

46
Q

Representation - methods and case law

A

Representation can be Oral, Documentary or by Conduct or combination thereof. It can be implied from his/her conduct.

R v Morley: Representation must relate to a statement of existing fact, rather than a statement of future intention.

47
Q

Intent to deceive is not an essential ingredient of forgery. Nonetheless, the prosecution must prove that:

A

At the time of the alleged act, the defendant, knowing that the document was false, had intended either:

  • To use the false document to obtain, or
  • That the false document be used or acted on as genuine.

It is not enough that the document is false and that its maker knows it is false. It must also be proved that the offender intended to deceive by means of that which is false.

48
Q

Police investigation the fraudulent use of credit cards or cheques must conduct enquiries with the bank where the account is domiciled. List the information an investigator must obtain from the bank accounts manager.

A
  • The account holder’s full name,occupation, private and business addresses and telephone numbers
  • The date the account was opened
  • The account history and how it has been operated
  • The date the cheque book or credit card was reported missing
  • How and by whom a loss was reported
  • The serial numbers of any missing cheques
  • Details of any cheques dishonoured and returned
  • Whether the account holder is suspected of issuing valueless cheques
  • Whether there are other banks to which cheques have been returned
  • The details of the people and firms that have been defrauded
49
Q

Section 240 (1) (c)

A

By any Deception

And Without Claim of Right

Induces or causes any other person to (DEMADEA) deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage

50
Q

Distinction between S249(1) & S249(2)

A

Its reflected in the words “thereby” and “obtains”.

249(1): is directed at the situation where a person has actually accessed a computer system, obtains the offending material or causes loss.

249(2): is directed at someone who actually access the computer system with that intent regardless of the result.

51
Q

Define access to computer

A

Access is widely defined and covers almost all interactions with a computer system such as using a computer at work and more remote forms of access such as viewing a website or using a virus.

The term ‘access’ 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

52
Q

When is Forgery complete?

A
  1. As soon as false document is made with the intent obtain P, P, S, PA, B, VC.
  2. Makes false document knowing it to be false with intent to use it, or acted upon in NZ or elsewhere as genuine.

.9.8.1.8. (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions