Multi choice = Approximately 15 - 20 questions. 1 minute a mark equals 15 - 20 minutes maximum time can be allocated. Flashcards
- Roberts car is in the local garage having been repaired. Robert could not afford to pay for the repair before getting the car back. Knowing that he does not have funds in his account to cover the cost of the repairs, he hands over a cheque to the repairer and received the car in return. He drives home:
a) Robert has stolen the vehicle, as someone else has a special property or interest in it
b) Robert has obtained the vehicle by deception , as someone else has a special property or interest in it
c) Robert has neither stolen the vehicle nor obtained it by deception; a contractor’s lien over the vehicle does not afford him any right to withhold the vehicle from the rightful owner .
b) Robert has obtained the vehicle by deception , as someone else has a special property or interest in it
NOT IN 1ST EXAM
- Claim of right in relation to any act means:
a) An honest belief that the act is justifiable
b) A belief at the time of the act in a proprietary or possessory right in property
c) An honest but mistaken belief that they had a proprietary or possessory right in property
b) 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 section 220(1), it is necessary to prove that the person knew they had to:
a) Account to any other person for the property, or for any proceeds arising from the property
b) Account to any other person for the proceeds of the sale of stolen property
c) Account to any other person for the property only and not the proceeds
a) Account to any other person for the property, or for any proceeds arising from the property
IN EXAM 1
- The case R v Morley (2009) NZCA 618 discussed the matter of loss in relation to s240(1)(d) Crimes Act 1961 (causing loss by deception). Which statement best describes what was held in this matter:
a) The loss caused by deception can be in the nature of an indirect loss, such as an expectation loss (loss of a bargain) of loss of anticipated future profits
b) The deception must have been made to the person actually delivering over the property
c) The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception
c) The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in 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?
a) Obtaining a service by deception
b) Obtaining credit by deception
c) No offence is committed
c) No offence is committed
- For a charge under section 240(1) (b) of the Crimes Act 1961 (obtaining credit by deception), the obligation to repay means:
a) The obligation to repay must be a legally enforceable one
b) The obligation to repay can be merely a moral obligation
c) The obligation to repay is only applicable when there is a written agreement
a) The obligation to repay must be a legally enforceable one
- A fraudulent device, trick or stratagem used with intent to deceive any person must be:
a) Fraudulent and both morally and ethically wrong
b) Fraudulent. meaning dishonest in the traditional moral sense
c) Fraudulent and morally wrong
b) Fraudulent. meaning dishonest in the traditional moral sense
- False document includes a document of which the whole or any material part purports to be made:
a) By a person who did not authorise its making
b) By a fictitious person
c) Both of the above are correct
c) Both of the above are correct
- The serious fraud office investigates serious or complex fraud complaints. An investigator from that office may only make an arrest of a fraud suspect:
a) If the fraud complaint has an actual or potential loss in excess of $2,000.00
b) If they are accompanied by a sworn Police employee who will witness the arrest
c) Under no circumstances as the investigator does not have powers of arrest
c) Under no circumstances as the investigator does not have powers of arrest
- Both possession and title will pass on to a bona fide or innocent purchaser:
(a) When property is brought from a thief if the purchaser had no knowledge that the property had been previously stolen
(b) When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title
(c) When property is brought by a third party who has no knowledge that the property was obtained by deception by the seller
(b) When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title
- In relation to the offence of obtaining credit by deception under section 240(1)(b) of the crimes act 1961, which of the following statements is not correct:
(a) A debt or liability must have been incurred at the time credit is obtained
(b) The debt or liability must be legally enforceable
(c) Under the definition of obtain in s217 of the crimes act 1961. It is not sufficient that the accused obtained the extension of credit to another person
(c) Under the definition of obtain in s217 of the crimes act 1961. It is not sufficient that the accused obtained the extension of credit to another person
- The case Hayes v R defined a pecuniary advantage as:
(a} Obtaining compensation or a fee
(b) . Anything enhancing a person’s financial position
(c) Obtaining money or goods
(b). Anything enhancing a person’s financial position
- A person can only be charged under section 249(1) in relation to accessing a computer system for dishonest purpose when:
(a) Access has been gained with an intent to gain financially
(b) lnfonnation was downloaded about another person’s financial account
(c) He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person
(c) He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person
- A senior executive of a company who is acting on behalf of the company commits a series of deceptions causing other companies to sustain financial losses. In these circumstances any criminal liability rests with:
(a) 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
(b) The senior executive only as the state of mind for the offending was his alone
(c) The company only as the actions benefited the company
(b) The senior executive only as the state of mind for the offending was his alone
- The term credit means:
(a) Credit obtained for a third person
(b) All transactions where goods are obtained using a credit card
(c) An obligation to pay or repay with time in which to pay
(c) An obligation to pay or repay with time in which to pay