Misc Flashcards
S220 CA61 - Theft by person in special relationship - 2 elements
a) that they have received the property on terms or in circumstances which, to the defendant’s knowledge, affect what the defendant may do with the property or its proceeds OR require the defendant to act in accordance with the requirements of another person, AND
b) that the defendant intentionally departed from the relevant obligation.
There may be an offence under s220 where the defendant has intentionally (4 x answers into 2):
- failed to account for property, or proceeds of property received by the defendant.
- dealt with property, or proceeds of property received by the defendant otherwise than in accordance with the requirements of some other person.
Admissibility and Relevance - Propensity Evidence
Propensity evidence, whether on previous or later occasions to the offence charged, is admissible in cases of deception where there is a sufficiently strong connection between the offences.
The ultimate issue is the degree to which the probative value outweighs the prejudicial effect.
Title
The legal right to property.
Voidable title
Title obtained by deception, fraud, duress, or misrepresentation.
This means that the title can be voided by the seller.
Until the title is voided, the defrauder has voidable title, and can confer good title on anyone who acquires the goods from them in good faith and for value.
What is necessary to avoid title?
- take all possible steps to bring it to the offender’s notice, e.g, writing a letter, texting/emailing them
- advise police that the item was obtained by deception
When is forgery complete (s256 (3) CA61)
Forgery is complete as soon as the document is made with the intent described in (1) or with the knowledge and intent described in (2)
Forgery vs Altering etc Reproducing Doc
Intent
Forgery - must prove ntent to deceive only is required, NOT an intent to OBD
Altering - must prove intent to OBD
Document
Forgery - must be a false document
Altering - any document
S220 CA61 - Mental Elements
The defendant must know that the acquisition of the property or proceeds was on terms of requirements which require the defendant to account for the P/P, or to deal with the P/P in accordance with the direction of another person.
The defendant must have intentionally departed from their obligations.
S248 CA61 - Computer system
a) means -
i) a computer;
ii) 2 or more interconnected computers;
iii) any communication links between computers or to remote terminals or another device;
iv) 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 (a) and all related input, output, processing, storage, software, or communication facilities, and stored data.
Access - Computer system
Requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass.
Company fraud resources
Police accountants and legal section
- give advice and are able to assist personally. LS can assist in preparing P/O’s, SW’s, and charges.
Ministry of Business
- Registrar of companies
- Companies office
- Official assignee
- Insolvency services
Commerce Commission, assist with:
- The Fair Trading Act 1986
- Pyramid selling
Financial Markets Authority
- assist with matters relating to the Financial Markets Authority Act 2011 and the issues of prospectuses.
NZ Customs
- matters involving international travel and CAPPS alerts
Types of investigation - Company Fraud
Cat A: Large scale thefts and other dishonestly offences against employers by employees.
Cat B: Dishonesty offences committed against financial institutions by people outside the institution obtaining money from it through deception.
Cat C: Commercial fraud committed against the public.
Cat D: Dishonesty offences committed by professional people in positions of trust.
False document
Means a document -
a) of which the whole or any material part purports to be made by any person who did not make it, or by a fictitious person
b) of which the whole or any material part purports to be made by or on behalf of any person who did not authorise it’s making, or on behalf of a fictitious person
c) of which the whole or any material part has been altered, whether by addition, insertion, deletion, obliteration, erasure, removal, or otherwise, and that purports to have been altered by or on behalf of a person who did not alter it or authorise it’s alteration, or by or on behalf of a fictitious person
d) that is, in whole or in part, a reproduction of any other document, and that purports to have been made by or on behalf of a person who did not make it or authorise it’s making, or by or on behalf of a fictitious person
e) that is made in the name of a person, either by that person or by that persons authority, with the intention that it should pass as being made by some other person who did not make it, or by a fictitious personq
