Need to know

Question 1

R v Crooks
wilful blindness

Answer 1

the accused may also be liable if their conduct has amounted to wilful blindness and this equated to knowledge

Question 2

Forgery
s256(1), Crimes Act 1961

Answer 2

Makes a false document
with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration

Question 3

False representation

Answer 3

A false representation whether oral, documentary or by conduct, where the person intends to deceive any other person AND
knows that it is false in martial particular or is reckless to whether it is false

Question 4

Propensity Evidence

Answer 4

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

Question 5

Access definition

Answer 5

instruct, communicate with, store data in, receive data from or otherwise make use of the resources of the computer system

Question 6

Computer System definition

Answer 6

A computer
Or 2 or more interconnected computers
Or any communication links between computers or to remote terminals or another device
Or 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device

Question 7

An investigator must ask the banks account manager

Answer 7

Full name, occupation, phone number, address
Date the account was opened
History of account and how it was opened

Question 8

False material particular

Answer 8

Not defined in the Crimes Act and can be given its usual meaning of an important, essential or relevant detail or item.

A matter will be a material particular if it is something important or something that matters.

Question 9

Dishonestly Taking or Using a Document
s228(1) a and b

Answer 9

With intent to obtain any property, service, pecuniary advantage, or valuable consideration
dishonestly and without claim of right takes or obtains any document OR
dishonestly and without claim of right uses or attempts to use any document

Question 10

Using altered or reproduced document with intent to deceive
3 mental elements

Answer 10

1 - knowing the document has been altered with intent to deceive
2 - intended to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration
3 - intention to acquire or retain the property or cause loss by deception

Question 11

Deception definition

Answer 11

A false representation whether oral, documentary or by conduct, where the person intends to deceive any other person AND
knows that it is false in martial particular or is reckless to whether it is false
an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it or
a fraudulent device, trick or stratagem used with intent to deceive ant person

Question 12

Obtaining Ownership

Answer 12

when goods are posted

Question 13

Title can be avoided by

Answer 13

communication to the offender
taking all possible steps to bring it to the offenders notice e.g letter, text, phone call
advising the police the vehicle was obtained by fraud

Question 14

R v Laverty
necessary for the prosecution

Answer 14

necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made

Question 15

Cameron v R - subjective / objective test

Answer 15

Recklessness is established if
a) the defendant recognised that there was a real possibility that
(i) his or her actions would bring about the proscribed result and
(ii) that the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable

Question 16

R v Morley
intention to deceive

Answer 16

Intention to deceive requires that the deception is practised in order to deceive the affected party. purposeful intent is necessary and must exist at the time of the deception

Question 17

Fisher v Raven
credit refers to

Answer 17

Credit refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor. credit does not extend to any obligation to supply service or goods

Question 18

Cameron v R

Answer 18

Recklessness is a test based on the defendant’s appreciation of the risk of the offence and their decision to run that risk anyway

Question 19

Proof of inducement

Answer 19

that the false representation was believed
that it was the consequence of that belief that the victim parted with his or her money

Question 20

debt

Answer 20

money owing from one person to another

Question 21

liability

Answer 21

legally enforceable financial obligation to pay

Question 22

Using altered documents with intent to deceive
s259

Answer 22

knowing any document to have been made or altered and with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration, or cause loss to any other person
uses or deals with or acts upon the document or
causes any person to use or deal with or act upon the document

Question 23

Seek advice early from

Answer 23

• Police accountants and legal officers
• Ministry of Business, Innovation and Employment
• Commerce Commission
• Financial Markets Authority
• NZ Customs
• Liquidators and Receivers

Question 24

SFO arrest powers

Answer 24

Serious fraud investigators do not have the power to arrest.

Question 25

Members only card

Answer 25

privilege / benefit

Question 26

Does the deception have to be the person delivering property?

Answer 26

the deception need not have been made to the person actually delivering over the property, provided the deception was the cause of the relevant conduct

Question 27

causing loss R v Morley

Answer 27

the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss

Question 28

Claim of Right - 4 beliefs

Answer 28

• possessory /proprietary right in the property
• right to the property in relation to which the offence is alleged to have been committed
• belief must be held at the time of the conduct
• belief must be actually held by the defendant

Question 29

Liam take credit card, owner cancelled transaction Q

Answer 29

228(1)(b)
- add cancellation does not negate the offence to answer

Question 30

When assessing probative value of propensity evidence judge may consider

Answer 30

• frequency with which the acts have occurred
• connection in time between the acts
• the extent of the similarity between the acts
• the number of persons making allegations against the defendant

Question 31

property definition

Answer 31

property includes real and personal property, any estate or interest in any real or personal property, money, electricity, and any debt

Question 32

voidable title

Answer 32

where title obtained by deception it will be ‘voidable title’. if an innocent purchaser buys goods obtained by a deception, before title has been avoided, then they are entitled to a good title