Good To Know

Question 1

In relation to deception, What is required to be proved by the prosecution?

Answer 1

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

Question 2

Example of deceiving - orally

Answer 2

Verbally claiming to own goods that are in fact subject to a hire purchase agreement.

Question 3

Examples of deceiving - by conduct

Answer 3

Representing oneself to be a collector for a charity by appearing to be carrying an official collection bag.

Question 4

Examples of deceiving - document

Answer 4

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.

Question 5

Knowledge can be established by:

Answer 5

An admission

Implication from the circumstances surrounding the event

Propensity evidence

Question 6

What is an omission?

Answer 6

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.

Question 7

What is the distinction between theft and obtaining by deception

Answer 7

In theft the property is obtained without the owners permission and title is not passed on.

Question 8

What must be proven under s240(1)(b)?

Answer 8

The identity of the suspect and that they:

By deception and without claim of right

In incurring any debt or liability

Obtained credit

Question 9

What are some examples of pecuniary advantage?

Answer 9

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

Question 10

What are some examples of a valuable consideration?

Answer 10

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

Question 11

Timing of intention to deceive

Answer 11

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.

Question 12

Penalty for deception offences

Answer 12

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.

Question 13

Propensity rule

Answer 13

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

Question 14

What is title?

Answer 14

Title simply means a legal right to the property
.

Question 15

What is voidable title?

Answer 15

When property is obtained by deception, fraud, duress or misrepresentation.

Question 16

Two requirements of proof under section 220 Crimes Act 1961

Answer 16

(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.

Question 17

Mental elements of the offence under s220 Crimes Act 1961, requires two different mental elements.

Answer 17

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.

Question 18

When is forgery complete?

Answer 18

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.

Question 19

False document explanation

Answer 19

Essentially a false document is a document that will lie about its self.

Question 20

Describe material alteration?

Answer 20

Alterations might involve:

Additions

Insertions

Deletions

Obliterations

Erasures

Removal of material or otherwise

Question 21

What are some examples of forgery?

Answer 21

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.