Multi Choice

Question 1

1. Both possession and title will pass on to a bona fide or innocent purchaser when:

Answer 1

The property is bought by a 3rd party from a person who obtained it by deception before the original owner voids any title

Question 2

2. In relation to obtaining credit by deception 240(1)(b) which is not correct:

Answer 2

It is NOT sufficient that the accused obtained extension of credit to another person

Question 3

3. R v Hayes defined pecuniary advantage as:

Answer 3

Anything that enhances the accused financial position. It is that enhancement that constitutes the element of advantage.

Question 4

4. Person only charged under 249(1) in relation to accessing a computer system for dishonest purpose when:

Answer 4

He/she actually obtained any property, or priviledge, service, pecuniary advantage, benefit or valuable consideration or loss to any other person

Question 5

5. Senior exec carries out deceptions on behalf of company, criminal liability rests with:

Answer 5

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

Question 6

6. The term credit means:

Answer 6

An obligation on the debtor to pay or repay and a time given for them to do by the creditor.

Question 7

7. What was held in R v Crooks in relation to knowledge:

Answer 7

The accused may be liable if their conduct has amounted to ‘willful blindness’ and thus is equated to knowledge

Question 8

8. A person can be said to have control of a thing if:

Answer 8

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

Question 9

9. For propensity evidence to be admissible the ultimate issue is:

Answer 9

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

Question 10

10. Valuable consideration means that a person can:

Answer 10

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

Question 11

11. Roberts car is in the garage, cant afford repairs, hands over cheque to empty account and takes car, what done:

Answer 11

Robert obtained vehicle by deception

Question 12

12. Claim of right in relation to any act means:

Answer 12

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

Question 13

13. To prove charge of theft by person in a special relationship under 220 (1) necessary to prove that the person knew they had to:

Answer 13

Account to any other person for the property, or for any proceeds arising from the property

Question 14

14. R v Morley and cause loss held that the:

Answer 14

Prosecution must prove that the loss alleged by the victim must have been induced by or caused in reliance, upon the deception

Question 15

15. Check out of motel without paying, liability is:

Answer 15

No offence as offered to pay in advance

Question 16

16. Under 240 (1)(b) obligation to repay means:

Answer 16

The obligation to repay must be a legally enforceable one

Question 17

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

Answer 17

Fraudulent, meaning dishonest in the traditional sense

Question 18

18. False document includes document which whole or any material part purports to be made:

Answer 18

By a person who did not authorise its making and by a fictitious person

Question 19

19. SFO may only make an arrest of a fraud suspect…..

Answer 19

Under NO circumstances as the investigator does not have powers of arrest

Question 20

20. What was held in R v Harney:

Answer 20

A forgesight of dangerious consequences that could well happen together with an intention to continue the course of conduct regardless of the risk

Question 21

21. Concept of title

Answer 21

Not defined/dictionary meaning “a right or claim to the ownership of property”
Jane gets legal title

Question 22

22. What was held in R v Misic:

Answer 22

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

Question 23

23. How can title be voided:

Answer 23

Making a complaint to Police

Question 24

24. A person who has property on hire purchase has:

Answer 24

Possession only

Question 25

25. Proof of inducement by:

Answer 25

The deceived believing the false representation and parted with property.

The inducement should be proved whenever possible by direct evidence from the person alleged to have been defrauded. In practice the victim of the deception is usually questioned to elicit answers proving:
• that the false representation was believed, and
• that it was the consequence of that belief that the victim parted with his or
her money.

Question 26

26. What is a valuable consideration:

Answer 26

A pecuniary advantage can amount to a favourable consideration when it involves a monetary advantage; however, the scope of a valuable consideration is wider than a pecuniary advantage.

R v Hayes
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”.

Question 27

27. Use gym membership in another name, liability:

Answer 27

Obtaining property etc by deception (priviledge or benefit)

Question 28

28. An item located at Johns property, what must be proved in relation to possession:

Answer 28

He has readily possession/access to it

Question 29

29. In relation to obtains credit intent to deceive is not disclosed merely because there is:

Answer 29

An inability to perform a bona fide intention, eg. can’t pay through unforeseen circumstances

Question 30

30. Under extended definition of obtain sufficient that:

Answer 30

The defendant obtained the extension of credit to another person