MULTICHOICE - BULLY

Question 1

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 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.

Answer 1

b) Robert has obtained the vehicle by deception, as someone else has a special property or interest in it

Question 2

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

Answer 2

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

Question 3

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

Answer 3

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

Question 4

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

Answer 4

c) The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception

Question 5

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

Answer 5

c) No offence is committed

Question 6

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

Answer 6

a) The obligation to repay must be a legally enforceable one

Question 7

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

Answer 7

b) Fraudulent. meaning dishonest in the traditional moral sense

Question 8

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

Answer 8

c) Both of the above are correct

Question 9

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

Answer 9

c) Under no circumstances as the investigator does not have powers of arrest

Question 10

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

Answer 10

(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

Question 11

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.

Answer 11

(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.

Question 11

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

Answer 11

(b). Anything enhancing a person’s financial position.

Question 12

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) information 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

Answer 12

(c) He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person

Question 13

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

Answer 13

(b) The senior executive only as the state of mind for the offending was his alone

Question 14

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

Answer 14

(c) An obligation to pay or repay with time in which to pay

Question 15

What was held in R v Crooks in relation to knowledge

(a) The accused is not liable if their conduct has amounted to wilful blindness of the circumstances as
they exist

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

(c) The accused is liable if they are reckless as to the circumstances and continue their course of action regardless

Answer 15

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

Question 16

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

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

(b) It is proved that the accused had possession of the thing

(c) The property was found at the premises over which the accused had control

Answer 16

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

Question 17

For propensity evidence to be admissible the ultimate issue is:

(a) The degree to which the probative value of the evidence outweighs the prejudicial effect

(b} The weight that the court attaches to the propensity evidence

(c) The degree to which the prejudicial effect of the evidence outweighs the probative value

Answer 17

(a) The degree to which the probative value of the evidence outweighs the prejudicial effect

Question 18

The term valuable consideration means that a person can:

(a) Obtain a special right or advantage

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

(c) Receive something that enhances their financial position

Answer 18

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

Question 19

What was held in R v Harney?

Answer 19

(a) A foresight of the dangerous consequences together with intent to continue the course regardless of the risk

Question 20

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

(a) John
(b) Mike
(c) Jane

Answer 20

(c) Jane

Question 21

What was held in R v Misic?

Answer 21

(a) “Essentially a document is a thing which provides evidence or information or serves as a record..”

Question 22

How can title be voided?

Answer 22

(a) Make a complaint to the Police

Question 23

A person who has property on hire purchase has:

(a) title only
(b) title and possession
(c) possession only

Answer 23

(c) possession only

Question 24

Question on Inducement the choices were:

(a) The deceived must believe the false representation was true
(b) The deceived must not have believed the false representation was true
(c) The deceiver must believe the false representation to be false

Answer 24

(a) The deceived must believe the false representation was true

Question 25

What is an example of obtaining a valuable consideration?
(a) Monetary payment in return for goods or services.
(b) Goods given in return for services provided.
(c) Issuing a false invoice to receive payment for goods never supplied.
(d) All of the above.

Answer 25

(d) All of the above

Question 26

John finds a gym membership card for the local gym I swimming pools, its a hot day so John goes to the swimming pools and uses this card to gain entry without paying. What is John’s criminal liability?

(a) Uses a document
(b) Obtains credit by deception
(c) Obtains property by deception

Answer 26

(a) Uses a document