Liabilities

Question 1

John and Jill get divorced. Jill is awarded the Jaguar ca 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 storey and gives over the keys & John takes the car and sells ir for $18,000.
Write the most appropriate criminal offence specifically in regards to John selling the car?

Answer 1

Obtains by deception - S 240(1)(a) CA 1961, 7 years

1. 1 By any deception
2. 2 And without claim of right
3. 3 Obtains possession of or control over any pecuniary advantage

Question 2

Harry Goes to the retail store and sees a drill that has a price tag of $350, he takes a $59 price tag off a cheaper drill and places it on the $350 drill. He takes the drill to the counter and buys the drill at $59. What is Harry’s criminal liability?

Answer 2

Obtains by deception - s 240(1)(a) CA 1961, 3months

1. 1 By any deception (False Representation)
2. 2 And without claim of right
3. 3 Obtains ownership or possession of or control over any Pecuniary advantage (Can go with property as well)

Question 3

Mary lives alone, she gets mail from kiwi bank 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 the card. Mary takes the card to the supermarket and uses the card and purchases groceries?

Answer 3

Uses a Document - s228(b) CA 1961, 7 Years

1. 1 With intent to obtain any property
2. 2 Dishonestly
3. 3 And without claim of right
4. 4 Uses any document