Liabilities = 3. 1 minute a mark equals 12 - 15 minutes maximum time can be allocated to each liability.. Flashcards
John and Jill get divorced. Jill is awarded the Jaguar car in the divorce settlement.
Jill goes on an overseas trip. Before going she leaves the Jag with her friend Cheryl. She does not tell Cheryl anything about the divorce settlement.
John seizes the opportunity to recover the car. He goes to Cheryl’s and spins her a yarn. She is happy with the story and gives over the keys.
Liable: John Offence: Obtain by Deception Section: 240(1)(a) Act: Crimes Act 1961 Penalty: 7 years Elements: 1. By any deception. 2. Without claim of right. 3. Obtains Ownership or possession or control over any property, privilege, service, pecuniary advantage, benefit or valuable consideration Directly or indirectly.
Discussion:
Harry enters a major retail store and selects an expensive DeWalt brand electric drill. He removes the $323.99 price tag and replaces it with a $59.99 price tag from a much cheaper KamaKouza brand drill.
He takes the DeWalt drill to the checkout operator. Harry says nothing. The checkout operator scans the price tag and charges him the cheaper price. Harry pays cash and then leaves the store with the drill
Complete a criminal liability answer for the most appropriate offence you would charge Harry with Disregard Using a Document
Liable: Harry Offence: Obtains by deception Section: 240(1)(a) Act: Crimes Act 1961 Penalty: 1 year Imprisonment Elements: 1. By any deception. 2. Without claim of right. 3. Obtains Ownership or possession or control over any property, privilege, service, pecuniary advantage, benefit or valuable consideration Directly or indirectly.
Discussion:
Mary lives alone, she gets mail from kiwibank for the previous tenant . It contains a credit card, she gets another letter from the bank to the previous tenant which has the pin number of that card.
Mary takes the card to the supermarket and uses the card and purchases groceries.
Liable: Mary Offence: Uses/Attempts to use a document Section: 228(1)(b) Act: Crimes Act 1961 Penalty: 7 years Imprisonment Elements: 1. With intent to obtain any property, service, pecuniary advantage or valuable consideration. 2. Dishonestly 3. And without claim of right 4. Uses or attempts to use any document.
Discussion:
Jack and Jill go to a restaurant with no way to pay and order a meal. they rack up a bill of $60.
After having the meal they advise that they have on money to pay.
Liable: Jack and Jill Offence: Obtains by deception Section: 240(1)(b) Act: Crimes Act 1961 Penalty: 3 months Imprisonment Elements: 1. By any deception. 2. Without claim of right. 3. In incurring any debt or liability, obtains credit.
Discussion:
Bones is out on a commercial fishing boat and is sick of his job and decides to lie to the captain about his father having died. they taken him to shore and organised a replacement for his job while Bones is on bereavement leave. The company give Bones $1000 bereavement money also.
Company later finds out that he lied and say they incurred a loss of $100,000 in loses in revenue.
Liable: Bones Offence: Obtains by deception Section: 240(1)(d) Act: Crimes Act 1961 Penalty: 7 years Imprisonment Elements: 1. By any deception. 2. Without claim of right. 3. Causes loss to any other person.
Discussion:
