multi choice

Question 1

R V HAYES Pecuniary Advantage

Answer 1

anything that enhances the accused financial position.

Question 2

John purchase a property with a valueless cheque on Tuesday. John sells it to mike the pawn shop dealer on Wednesday. Mike sells it the same day to Jane.
On Thursday the valueless cheque is dishonoured and reported to police. Who will have legal title to the property? or who will take possession of the property?

Answer 2

Jane

Question 3

what was held in R v MISIC

Answer 3

essentially a document is a thing which provides evidence or information or serves as a document

Question 4

hoe can title be voided

Answer 4

make a complaint to Police

Question 5

A person who has property on hire purchase has

Answer 5

possession only

Question 6

Proof of inducement

Answer 6

the false representation was beleived

the consequence of that beleif is the person parted with there property/money

Question 7

what is a valuable consideration

Answer 7

anything capable of being valuable consideration, whether of a monetary kind or any other kind. Money or moneys worth

Question 8

John finds a membership card for the local gym/pool, its hot so john goes to the swimming pool and uses the card to get in without paying what is johns criminal liability?

What has he obtained by using the membership.

Answer 8

Criminal liability - obtaining by deception 240(1)(a)
Obtained - a privilege /benefit (special right or advantage)

Question 9

Both possession and title will pass onto a bonified or innocent purchaser when

Answer 9

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

Question 10

What is credit

Answer 10

an obligation to pay or repay with time in which to pay

Question 11

a senior exec of a company acting on behalf of the company causes loss to other companies, who is held responsible

Answer 11

the senior exec and the company, as the actions of the exec are said to be the actions and state of mind of the company

Question 12

Dishonest access of a computer, what is required to prove this? A person can only be charged under section 249(10 in relation to accessingh a computer system for a dishonest purpose when

Answer 12

he/she actually obtained any property, or privilege, service pecuniary advantage etc or loss to any other person.

Question 13

when is title obtained?

Answer 13

When property is obtained by the buyer from the owner who intend to sell/hand over

Question 14

what must exist in relation to debt and liability in deception?

Answer 14

must be legally enforceable

Question 15

an item located at johns property. What must be proved in relation to possession - a person is said to have control of a thing

Answer 15

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

Question 16

R v Hayes defines pecuniary advantage as

Answer 16

anything enhancing a persons financial position

Question 17

in relation to an offence of obtaining credit by deception under section 240(1)(b) CA, which of the following statement is NOT correct

Answer 17

Under the definition of obtain s217 CA, it is not sufficient that the accused obtained the extension of credit to another person

this is a false statement - it IS sufficient.

Question 18

What was held in R V Crooks in relation to knowledge

Answer 18

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

Question 19

For propensity evidence to to be admissible the ultimate issue is

Answer 19

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

Question 20

The term valuable consideration means that a person can

Answer 20

obtaining anything capable of being valuable, whether a monetary kind or of any other kind

Question 21

Extended definition of obtain

Answer 21

under the the extended definition of obtain, in S 217 of the CA it will be sufficient that the defendant obtained the extension of credit to another person.

for example
obtaining money on loan
extending existing overdrafts facilities
renting or leasing a dwelling

Question 22

Bona fide Intention

Answer 22

Genuine or real intention

Question 23

Roberts car in in the local garage after bring 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 for repairs, he hands over a cheque to the repairer and receives the car in return. He drives home

Answer 23

Robert has obtained the vehicle by deception, as someone else has special property or interest in it (Contractors lien)

Question 24

Claim of right in relation to any act means

Answer 24

a belief at the time of the act in a propriety or possessory right in the property

Question 25

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

Answer 25

a) account to any other person for the property, or for any proceeds arising from the property or b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.

Question 26

R V MORLEY the matter of loss in relation to 240(1)(d), which statement best describes what was held in this mater

Answer 26

The prosecution must prove that the loss alleged by the Vitim must have been induced by, or cause in reliance, upon the deception - musty be a direct loss, indirect losses such a expectation loss ( loss of a bargain) and lass of anticipated future profit are not included

Question 27

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 Browns liability?

Answer 27

No offence is committed

Question 28

for a charge under section 240(1)(b), obtaining by deception, the obligation to repay means?

Answer 28

The obligation to repay must be a legally enforceable one.

Question 29

A fraudulent, device, trick or stratagem used with intent to deceive any person must be?

Answer 29

Fraudulent, meaning dishonest in the traditional moral sense

Question 30

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

Answer 30

a) by a person who did not authorise it m making b) by a fictitious person

Question 31

The SFO investigates serious or complex fraud complaints. An investigator form that office may only make and arrest for a fraud suspect when

Answer 31

SFO officers do not have the power of arrest

Question 32

Material particular definition

Answer 32

material particular is not defined in the CA but can be given its usual meaning of an important, essential or relevant detail

Question 33

price tag tomfoolery - R V DRONJAK type scenario

Answer 33

The defendant was shopping, approached the assistant to ask the price of a car stereo which was $695.83. He advised he would buy the item and took it to the counter. When the defendant went thorough the checkout it had 2 price tags, a 2nd on for 38.88. The defendant allowed the cashier to charge the incorrect price tag. By maintaining his silence it was found that the defendant obtained title to the radio by deception Swapping price tags is also obtains by deception.

Question 34

Both possession and title will pass ion to a bona fide or Innocent purchaser when

Answer 34

when property is brought by a 3rd party form a person who obtained it by deception, before the original owner void title.