M/C Flashcards
XX When will both possession and title pass onto a bona fide or innocent purchaser?
When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title
XX A person can only be charged under S249(1) in relation to accessing a computer system for dishonest purposes when ?
He actually obtained any property, privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person
A senior executive of a company who is acting on behalf of the company commits a series of exception causing other companies to sustain financial losses. In these circumstances any criminal liability rests with???
Both the senior executive and the company as the actions of the executive are said to be the actions and state of mind of the company
XX What was held in R V Crooks in relation to knowledge?
The accused may be liable if their conduct has amounted to wilful blindness and thus is equated to KNOWLEDGE
XX For propensity evidence to be admissible the ultimate issue is?
the degree to which the probative value of the evidence outweighs the prejudicial effect
A fraudulent device, trick or stratagem used with intent to deceive any person must be?
fraudulent, meaning dishonest in the traditional sense
XX The case R v Morley discussed the matter of loss in relation to s240(1)(d) Crimes Act 1961 (causing loss by deception). Which statement best describes what was held in this matter?
The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception
XX To prove a charge of theft by a person in a special relationship under section 220(1), it is necessary to prove that the person knew they had to?
Account to any other person for the property, or for any proceeds arising from the property
The serious fraud office investigates serious or complex fraud complaints. An investigator from that office may only make an arrest of a fraud suspect?
under no circumstances as the investigator does not have powers of arrest
XX Roberts car is in the local garage having been repaired. Robert could not afford to pay for the repair before getting the car back. Knowing that he does have funds in his account to cover the cost of the repairs, he hands over a cheque to the repairer and received the car in return. He drives home?
Robert has obtained the vehicle by deception, as someone else has a special property or interest in it
XX False document includes a document of which the whole or any material part purports to be made?
By BOTH a person who did not authorise its making or by a fictitious person
XX John purchases property with a valueless cheque on Tuesday, and sells it to Mike the local pawn dealer on Wednesday, Mie sells it to Jane on Thursday; the valueless cheque is dishonoured and reported to Police. Who has legal title of the property and who will take possession of the property?
Jane
