MCQ and SA Random

Question 1

MC - John purchases property with a valueless cheque on Tuesday, John sells it to Mike the local pawn shop on Wednesday, Mike sells it to Jane the same day. On Thursday the valueless cheque is dishonoured and reported to the police. Who will have legal title to the property? Or who will take possession of the property?

Answer 1

Jane

Question 2

MC - What was held in R v MISIC

Answer 2

Essentially a document is a thing which provides evidence or information or serves as a record

Question 3

MC - How can title be voided

Answer 3

Make a complaint to police

Question 4

MC - a person who has property on hire purchase has

Answer 4

Possession only

Question 5

MC - what is a valuable consideration

Answer 5

Issuing a false invoice to receive payment for goods never supplied

Question 6

MC - John finds a gym membership card for the local gym, it’s a hot day so John goes to the swimming pool and uses the card to gain entry without paying. The question was either what is John’s liability? Or what has John obtained?

Answer 6

Criminal liability, obtaining be deception 240(1)(a)

He obtained a privilege or benefit

Question 7

SA - in relation to 240(2) besides making a false representation by oral what other ways can a false representation be made?

Answer 7

Either documentary or by conduct

Question 8

SA - what is the definition of obtains as per section 217?

Answer 8

In relation to any person, means to obtain of retain for himself
Or herself or any other person

Question 9

SA - In R v Hayes what was held in relation to pecuniary advantage?

Answer 9

A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement of which constitutes the element of advantage

Question 10

SA - what are the two core elements of proof when it comes to an offence under Section 220, theft of a person in a special relationship?

Answer 10

1. That he or she have received property on terms or in circumstances which, to the accused knowledge, affect what the accused may do with the property or it’s proceeds or require the accused to act in accordance with the requirements of another person and
2. That the defendant intentionally departed from the relevant obligation

Question 11

SA - What is the difference between forgery and altering and reproducing a document? 4 marks

Answer 11

• the differences between the offences of forgery and altering or reproducing a document rest on the varying definitions of document and intent.
• with forgery, an intent to deceive only is required, not an intent to obtain by deception.
• in the offence of altering etc you must prove that the offender intended to obtain by deception.
• any document can be altered or reproduced in the charge of altering etc, however in forgery the document must be a false document as defined in S 225 of the CA

Question 12

SA - Define claim of right

Answer 12

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or any matter of law other then the enactment against which the offence is alleged to have been committed

Question 13

SA - Define access

Answer 13

Access means instruct, communicate with, store data in, receive data from, or otherwise make use of the resources of the computer system.

Access is widely defined and covers almost all interactions with a computer

Question 14

SA - Define property

Answer 14

Property includes real and personal property and any estate or interest in any real or personal property, money electricity and any debt and anything in action and any other right or interest

Question 15

SA - Define Credit as per Fisher v Raven

Answer 15

Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods

Question 16

MC - both possession and title will pass on to a bonafide or innocent purchaser

Answer 16

When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title

Question 17

MC - what is credit

Answer 17

An obligation to pay or repay with the time in which to pay

Question 18

MC - A senior executive of a company acting on behalf of the company causes loss to other companies, who is held criminally liable?

Answer 18

• 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

Question 19

MC - dishonest access of a computer what is required to prove this? A person can only be changed under section 149(1) in relation to accessing a computer system for dishonest purpose when

Answer 19

He or she actually obtains any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person

Question 20

MC - What must exist in relation to debt and liability in deception?

Answer 20

Must be legally enforceable

Question 21

MC - An item is located at John’s property, what must be proven in relation to possession - a person is said to have control of a thing if:

Answer 21

It is proven that the accused did in fact exercise some control over the thing

Question 22

MC - In relation to the offence of obtaining credit by deception under 240(1)(b) of the CA 1961, which of the following statements is not correct?

Answer 22

True - A debt or liability must have been incurred at the time credit is obtained
True - the debt or liability must be legally enforceable
False - under the definition of obtain in s217, it is not sufficient that the accused obtain the extension of credit to another person (it is sufficient)

Question 23

MC - what was held in R v Crooks in relation to knowledge

Answer 23

The accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge

Question 24

MC - for propensity evidence to be admissible the ultimate issue is

Answer 24

The degree to which the probative value of the evidence outweighs the prejudicial effect

Question 25

SA - an offender hires a drill from a local hiring shop using false details. The drill is found at his home some months later and he claims that he did intent to return it at some stage but didn’t get around to it
A) what is the most appropriate offence to charge the offender with?
B) who has title of the drill, explain your answer

Answer 25

A) obtains by deception s240(1)(a) CA 1961

B) the company

Question 26

SA - What are essential ingredients for forgery offences as set out in section 256(1) of crimes act 1961

Answer 26

A person
Makes a false document
With intent to use it to obtain
An property etc

Question 27

SA - In 240(2) besides the false representation, what matters would constitute deception?

Answer 27

• An omission to disclose a material particular, with intent to deceive any person in circumstances where there is a duty to disclose
• a fraudulent device, trick or stratagem used with intent to deceive any person

Question 28

SA - when interviewing a victim who alleges to have been defrauded, what are two important questions should be asked by the investigator?

Answer 28

• did they believe the false representation and
• as was consequence of the belief that the victim partied with thief money

Question 29

SA - What was held in R V Morley in relation to an intention to deceive?

Answer 29

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception

Question 30

SA - Set out the ingredients of the offence of obtaining credit by deception under section 240(1)(b) ca 1961

Answer 30

• By any deception
• And without claim of right
• In incurring any debt or liability
• Obtains credit

Question 31

MC - Roberts car is in the local garage after being repaired. Robert could not afford to pay for the repair before getting the car back. Knowing that he does not have the funds in his account to cover the cost of repairs, he hands over a cheque to the repairer and receives the car in return

Answer 31

Robert had obtained the vehicle by deception as someone else has a special property or interest in it

Question 32

MC - the case R v Morley, discussed the matter of less in relation to section 240(1)(d) CA 1961. Which statement best describes what was held in this matter

Answer 32

The loss alleged by the victim must have been induced by; or caused in reliance upon the deception, but the deception need not be the only operative factor

Question 33

MC - 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 early without checking out or paying. What is brown’s liability?

Answer 33

No offence is committed.

Question 34

MC - a fraudulent device, trick or stratagem used with intent to deceive any person must be

Answer 34

Fraudulent, meaning dishonest in the traditional moral sense

Question 35

False document includes a document of which the whole or any material part purports to be made

Answer 35

A) by a person who did not authorise it’s making
B) by a fictitious person
C) both of the above are correct

Question 36

MC - the serious fraud office investigates serious and complex fraud complaints. An investigator from that office may only make an arrest of a fraud suspect

Answer 36

• SFO officers do not have power of arrest

Question 37

SA - investigators into company fraud complaints will usually involve enquires with the ministry of business, state four possible source available there?

Answer 37

• registrar of companies
• companies office
• official assignee
• insolvency services