Multi-Choice Questions Flashcards
Robert’s 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 receives 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.
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.
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.
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.
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.
