M/Choice Flashcards
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 stolen the vehicle as someone else has a special property or interest in it.
Claim of right in relations to any act means;
A belief at the time of the act a proprietary or possessory right in property
To prove a charge of theft by a person in a special relationship under s220(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 case R v Morley discussed the matter of loss in relations to s240(1)(d) CA61. Which statement best describes what was held in this manner
The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception
Brown booked into a motel and on checking in he offered to pay in advance. He was told that he could pay the account in the morning. He left without checking out or paying. What is Browns liability ?
No offence is committed
For a charge under s240(1) of the CA61, the obligation to repay means
The obligation to repay must be legally enforcement one
A fraudulent device, trick of stratagem used with intent to deceive any person must be
Fraudulent and morally wrong
False document includes a document of which the whole or any material part purport’s to be made
By a person who did not authorise its making or By a fictitious person
The serious fraud office investigation 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 to arrest
Both possession and title will pass on to a bona fide or innocent purchaser
When the is brought by a third party from a person who obtained it by deception before the original owner voids any title
In relation to the offence obtaining credit by deception under s240(1)(b) of the CA61 which of the following statement is not correct ?
Under the definition of obtain in s217 of the CA61. It is not sufficient that the accused obtained the extension of credit to another person
The case Hayes v R defined pecuniary advantage as;
Anything enhances a persons financial position
A person can only be charged under s249(1) in relations to accessing a computer system for dishonest purposes when:
He/She actually obtained any property, or 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 deceptions causing other companies to sustain financial losses. In these circumstances any criminal liability rests with;
The senior executive only as the state of mind for the offending was his alone
The term credit means
An obligation to pay or repay with time in the which to pay
