Multi Choice Flashcards
Roberts car is in the local garage having been repaired. Robert could not afford to pay before getting the car back.. Knowing that he doesn’t have funds in his account to cover the cost of the repair, he hands over a cheque to the repairer and receiver the car in return. He drives the car home. What offence has he committed?
Robert has obtained the vehicle by deception, as someone else has a special property or interest in it
Claim of right in relation to any act means?
A belief at the time of the act in a proprietary or possessory right in property
To prove a charge of theft by a person in a special relationship under s220(1), CA 1961 it is necessary to prove that the person knew that they had to:
Account to any other person for the property or for any proceeds arising from the property
The case of R v MORLEY discussed the matter of loss in relation to s240(1)(d) CA 1961 (Causing loss by deception). Which statement best describes what was held in this matter?
The prosecution must prove that the loss alleged by the Victim must have been induced by or caused by reliance, upon the deception
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?
No offence committed
For a charge under s240(1)(b) CA 1961 (obtaining credit by deception), the obligation to repay means?
The obligation to repay must be a legally enforceable one
A fraudulent device, trick ir stratagem used with intent to deceive any person must be:
Fraudulent, meaning dishonest in the traditional sense
False document includes a document of which the whole or any material part purports to be made:
By a person who did not authorise its making
The serious fraud office investigates serious or complex fraud complaints. An investigator from that office may only make an arrest of a fraud suspect
Under no circumstances does the investigator have a power of arrest
Intent to deceive is not disclosed merely because there is
- Delay or non-payment of the debt, or
- An inability to perform a bona fide intention
What is a credit?
Money owing with a period of time to pay
A senior executive of a company who is acting on behalf of the company causes loss to another company. Who’s held criminally responsible?
The company is criminally liable
For a charge of accessing a computer system for dishonest purpose under s249(2) to be successful , what intents must be proved?
Obtained any property , pecuniary advantage, service, privilege, benefit or valuable consideration or causes loss to any other person
When is title obtained?
When the innocent receiver is given title where the property was obtained by deception but has not been voided by the deceived owner
What must exist in relation to debt and liability in deception
Debt and liability must be legally enforceable
An item is located at John’s property. What must be proved in relation to possession
He had readily access to it
Three examples of where credit may be obtained by a 3rd person?
- Obtaining money on loan
- Extending existing overdraft facilities
- Renting or leasing a dwelling
Both possession and title will pass on the a bona fide or innocent purchaser:
When property is bought by a 3rd person who obtained it by deception before the original owner voids any title
In relation to the offence of obtaining by deception under S240(1)(b) CA 1961, which of the following statements is not correct?
Under the definition of obtain - S217 CA 1961 it is not sufficient that the accused obtained the extension of credit for another person
A person can be said to have control of a thing if?
It is proved that the accused did in fact exercise some control over the thing
For propensity evidence to be admissible the ultimate issue is?
The degree to with the probative value of the evidence out weighs the prejudicial effect
What was held in R v HARNEY
A foresight of dangerous consequences that could well happen together with intent to continue the course of action regardless of the risk
John purchases property with a valueless cheque on Tuesday, and sells it to Mike the local pawn dealer on Wednesday, Mike sells it to Jane on Thursday; the valueless cheque is dishonoured and reported to Police. Who has legal title of the property and who will take possession of the property
Jane
What is held in R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
How can title be voided?
By making a report to the Police
A person who has property on hire purchase has?
Possession only
Inducement must be proved where possible by direct evidence, the deceived must
The deceived must believe the false representation
What is valuable consideration
Valuable consideration - Receiving compensation or a fee
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.
John finds gym membership card for the local gym swimming pools; it’s a hot day so John goes to the pools and uses the card to gain entry without paying.
What is John’s criminal liability?
What has John obtained by using the membership?
Obtains Property by deception
Valuable Consideration
The case of R v Hayes defined pecuniary advantage as?
Anything capable of enhancing the accused’s financial position
A person can only be charged under s249(1) CA 1961 in relation to accessing a computer system for a dishonest purpose when:
He/She actually obtained any property or privilege. service, pecuniary advantage, benefit or valuable consideration to any other person
What was held in R v Crooks in relation to knowledge?
The accused maybe liable if the conduct has amounted to wilful blindness and is equated to knowledge
