Good To Know Flashcards
In relation to deception, What is required to be proved by the prosecution?
That there was an intent to deceive
That there was a representation by the defendant
That the representation was false, and that the defendant either;
- knew it to be false in a material particular OR
- was reckless whether it was false in a material particular
Example of deceiving - orally
Verbally claiming to own goods that are in fact subject to a hire purchase agreement.
Examples of deceiving - by conduct
Representing oneself to be a collector for a charity by appearing to be carrying an official collection bag.
Examples of deceiving - 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.
Knowledge can be established by:
An admission
Implication from the circumstances surrounding the event
Propensity evidence
What is an omission?
An omission is an inaction, ie: not acting. It can either be a conscious decision not to do something or not giving thought to the matter at all.
What is the distinction between theft and obtaining by deception
In theft the property is obtained without the owners permission and title is not passed on.
What must be proven under s240(1)(b)?
The identity of the suspect and that they:
By deception and without claim of right
In incurring any debt or liability
Obtained credit
What are some examples of pecuniary advantage?
Cash from stolen goods (cash converters)
Clothing or cash obtained by a credit card or eftpos card (payWave)
A discount (using a student ID card)
Avoiding or deferring a payment of a debt
What are some examples of a valuable consideration?
Monetary payment in return for goods or services
Goods given in return for services provided
Issuing a false invoice to receive payment for goods never supplied
Timing of intention to deceive
The intention to deceive is essential and must exist at the time when the deception is perpetrated. So when the credit is obtained, a later decision not to pay is insufficient.
Penalty for deception offences
Value of property is $1,000 or more, a term not exceeding 7 years imprisonment
Value of property is between $500-$1,000 - a term not exceeding 1 year imprisonment
Value of property is $500 or less - a term not exceeding 3 months imprisonment.
Propensity rule
Section 40, Evidence Act 2006
(1) In this section and section 41 to 43, propensity evidence -
(a) Means evidence that tends to show a person’s propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events, or circumstances with which a person is alleged to have been involved; but
(b) does not include evidence of an act or omission that is -
(i) 1 of the elements of the offence for which the person is being tried; or
(ii) the cause of action in the proceeding in question
What is title?
Title simply means a legal right to the property
.
What is voidable title?
When property is obtained by deception, fraud, duress or misrepresentation.
Two requirements of proof under section 220 Crimes Act 1961
(a) that he or she have received property on terms or in circumstances which, to the defendants knowledge, affect what the defendant may do with the property or it’s proceeds or require the defendant to act in accordance with the requirements of another person, and
(b) that the defendant intentionally departed from the relevant obligation.
Mental elements of the offence under s220 Crimes Act 1961, requires two different mental elements.
First, the defendant must know that the acquisition of the property was on terms or requirements which require the defendant to account for the property or its proceeds, or to deal with the property or its proceeds in accordance with the direction of another person.
When is forgery complete?
Forgery is complete when the false document has been with intent made to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration or with knowledge and intent that in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.
False document explanation
Essentially a false document is a document that will lie about its self.
Describe material alteration?
Alterations might involve:
Additions
Insertions
Deletions
Obliterations
Erasures
Removal of material or otherwise
What are some examples of forgery?
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 a CV for a position of employment.
Falsely completing a statement of service on a witness summons.
