M's RESITS Flashcards
(S/A) Definition of Computer
a) Computer system means -
- a computer or
- 2 or more interconnected computers OR
- any communication links between computers or to remote terminals or another device OR
- 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device and
b) Includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities and stored data.
(M/C) Robert does not have enough funds to pay for his vehicle which has been repaired by a mechanic. Robert fills out a cheque anyway knowing that it will bounce and hands it to the mechanic in return for his vehicle. What offence has Robert committed.
Obtains by Deception because the mechanic now has interest in the vehicle and Robert was dishonest in getting the vehicle back as he knew the cheque would bounce.
(M/C) In relation to receiving a false cheque in the mail from an associate with intent to use it when it arrives. When has the cheque been obtained?
When the cheque is sent /posted.
NOT when it arrives or when the agreement between the two parties was made
(M/C) In relation to Possession and Title, what do you get when purchasing something through Hire Purchase?
Possession only and not title because you are only hiring the item temporarily then returning it to the owner/company who has title of it.
(S/A) Explain the continuing effect in relation to a ‘Dine and Dash’
A representation by words or conduct may have a continuing effect. For example, entering a restaurant and ordering dinner represents that the diner will follow the normal practice and pay for the meal. If during the course of dinner the diner decides to avoid that payment, the continuing representation will become false, and the obtaining of food will come within s240.
(S/A) What are two questions you must ask a victim who has been defrauded?
- Was the false representation believed by the victim? Did they believe it was true?
- Did the victim part with the money as a result of that belief?
(S/A) What is the definition of false representation?
A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular
Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice.
(S/A) 3 mental elements required to be proven under section 259 , Using altered or reproduced documents with intent to deceive
1) The defendant must know the relevant matters relating to the document in question — that is, that the document had been altered with intent to deceive.
2) The defendant must have intended by the employment of the document, or by causing another to use or rely on it, to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person.
3) There must be an intention to acquire or retain the property etc, or to cause loss, “by deception”.
(S/A) Knowledge can be established by
- Propensity evidence
- Implication from the circumstances surrounding the event
- An admission
(MCQ) Timing of intention to deceive
The intention to deceive is essential and must exist at the time when the deception is perpetrated. So when the credit is obtained, a later decision not to repay is insufficient.
(S/A) Two core elements of proof required under Section 220 - Theft by person in a special relationship
- That he or she received the property on terms or in circumstances which to the defendants knowledge, affect what the accused may do with the property or its proceeds or require the defendant to act in accordance with the requirements of another person and
- That the defendant intentionally departed from the relevant obligation.
(S/A) Definition of false in material particular
An important, essential or relevant detail or item. A matter will be material particular if it is something important or something that matters.
Prosecution must establish either that the defendant knows his representation is false in material particular or is reckless as to whether it is false in material particular.
(S/A) Investigations into company fraud complaints will usually involve enquiries with the Ministry of Commerce. Four possible sources available there are:
- Companies Office
- Official assignee
- Registrar of Companies
- Insolvency Services
(MCQ) For propensity evidence to be admissible, what is the ultimate issue?
The degree to which the probative value of the evidence outweighs the prejudicial effect. R v Sharma
(S/A) Bank enquiries you should make regarding accounts when investigating fraud/deception offences
- Account number and date it was opened
- Nature and amount of first deposit
- Details of any other deposits
- Details used when account was opened
- Descriptions of the suspect and any associates
- Names and addresses of the employee who opened the account and any other employees who can identify the suspect.
- Interview the employees and obtain statements
- Serial numbers of the cheques supplied
- Details of the dishonoured cheques and the people or firms defrauded.
