Liabilities - Good to know elements only

Question 1

Theft by Person in special relationship

Answer 1

Section 220 (1)

• Any person
• Receives or is in possession of, or has control over,
• Any property
• On terms or in circumstances that the person knows require the person
• (a) to account to any other person for the property, or for any proceeds arising from the property; or
  (b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.

Question 2

Forgery - 256 (1)

Answer 2

Section 256 (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.

Question 3

Forgery - 256 (2)

Answer 3

Section 256 (2) 
- 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.

Question 4

Forgery - 256 (5)

Answer 4

Section 256 (5)

• Everyone who
• Without reasonable excuse
• Sells, transfers, or otherwise makes available any false document knowing it to be false and to have been made with the intention that it be used or acted on (in New Zealand or elsewhere) as genuine.

Question 5

Using Forged Documents

Answer 5

Section 257 (1)

• 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.

Question 6

Altering, concealing, destroying, or reproducing documents with intent to deceive

Answer 6

Section 258 (1)

• 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.

Question 7

Using altered or reproduced document with intent to deceive

Answer 7

Section 259 (1)

• Everyone who
• Knowing any document to have been made or altered in the manner
• With the intent referred to in section 258,
• 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) uses, or deals with, or acts upon, the document; or
  (b) causes any person to use or deal with, or act upon, the document.

Question 8

Damaging or Interfering with a Computer System - Section 250 (1)

Answer 8

Section 250(1), Crimes Act 1961

• Intentionally or Recklessly
• Destroys, Damages or Alters
• Any computer system
• Knowing or out to know that danger to life is likely to ensue

Question 9

Damaging or Interfering with a Computer System - Section 250 (2)

Answer 9

Section 250(2), Crimes Act 1961

• Intentionally or Recklessly
• Without authorisation
• Knowing they are not authorised or being reckless as to weather or not they are 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 fail or deny service to any authorised users

Question 10

Accessing Computer System without Authorisation

Answer 10

Section 252, Crimes Act 1961

• Intentionally accesses
• Directly or Indirectly
• Any computer system
• Without authorisation
• Knowing that they are not authorised to access it, or being reckless as to weather or not they are authorised to access it