Liabilities Flashcards
Dishonestly Takes or Obtains a Document
Section 228(1)(a) Crimes Act 1961 1) Everyone who with intent to obtain any Property, Service, Pecuniary Advantage or Valuable Consideration
2) Dishonestly
3) And Without Claim of Right
4) Takes or Obtains any document
Hayes v R - (Pecuniary Advantage)
Hayes v R - (Dishonestly)
R v Misic - (Document)
Dishonestly Uses or Attempts to Use a Document
Section 228(1)(b) Crimes Act 1961 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
R v Cara - (Service) Hayes v R - (Pecuniary Advantage) Hayes v R - (Dishonestly) Hayes v R - (Uses or attempts to Use) R v Misic - (Document)
Obtains by Deception - Property
Section 240(1)(a) Crimes Act 1961 (1) By deception and without claim of right
(2) Obtains ownership or possession of, or control over
(3) Any property, privilege, service, pecuniary advantage, benefit or valuable consideration, directly or indirectly
R v Morley - (Intent to Deceive) R v Morley - (Representations) R v Harney - (Recklessness) R v Cox - (Possession) Hayes v R - (Pecuniary Advantage)
Obtains by Deception - Credit
Section 240(1)(b) Crimes Act 1961 (1) By deception and without claim of right
(2) In incurring any debt or liability, obtains credit
R v Morley - (Intent to Deceive)
R v Morley - (Representations)
Fisher v Raven - (Credit)
R v McKay - (Timing of intention to deceive)
Obtains by Deception - Altering Documents
Section 240(1)(c) Crimes Act 1961 (1) By deception and without claim of right
(2) Induces or causes any other person to deliver over, execute, make, accept, endorse, destroy or alter
(3) Any document or thing capable of being used to derive a pecuniary advantage
R v Morley - (Intent to Deceive)
R v Morley - (Representations)
R v Laverty - (Inducement)
R v Misic - (Document)
Obtains by Deception - Causes Loss
Section 240(1)(d) Crimes Act 1961 (1) By deception and without claim of right
(2) Causes loss to any other person
R v Morley - (Intent to Deceive)
R v Morley - (Representations)
R v Morley - (Loss)
Accessing Computer System For Dishonest Purpose (1)
Section 249(1) Crimes Act 1961
- Everyone who, directly or indirectly,
- Accesses any computer system AND THEREBY, dishonestly or by deception, and without claim of right
(a) obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) causes loss to any other person.
Accessing Computer System For Dishonest Purpose (2)
Section 249(2) Crimes Act 1961
- Everyone who, directly or indirectly,
- Accesses any computer system WITH INTENT dishonestly or by deception, and without claim of right,
(a) to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) to cause loss to any other person.
Damaging or Interfering with a Computer System
Danger to life
Section 250(1) Crimes Act 1961
- Everyone who
- Intentionally or recklessly
- Destroys, damages, or alters any computer system
- If he or she knows or ought to know that danger to life is likely to result.
Damaging or Interfering with a Computer System
Without authorisation damage, delete, modify
Section 250(2) Crimes Act 1961
- Everyone who
- Intentionally or recklessly
- And without authorisation, knowing that he or she is not authorised, or being reckless as to whether or not he or she is authorised,
(a) damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
(b) causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or
(c) causes any computer system to
(i) fail; or
(ii) deny service to any authorised users.
Accessing Computer System without Authorisation
Section 252 Crimes Act 1961
(1) Every one who intentionally accesses, directly or indirectly,
any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system.
(2) To avoid doubt, subsection (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.
Forgery (1)
Section 256(1) Crimes Act 1961
(1) Every one who
makes a false document with the intention of using it to
obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.
Forgery (2)
Section 256(2) Crimes Act 1961
Every one who
makes a false document,
knowing it to be false,
with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.
Using Forged Documents
Section 257(1) Crimes Act 1961 Every one who, knowing a document to be forged, -
(a) uses, the document to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) uses, deals with, or acts upon the document as if it were genuine; or
(c) causes any other person to use, deal with, or act upon it as if it were genuine.
Altering or Reproducing Documents
Section 258(1) Crimes Act 1961 Every one who, with intent to obtain by deception
any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,
(a) alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed; or
(b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.
