Need to know Flashcards
R v Crooks
wilful blindness
the accused may also be liable if their conduct has amounted to wilful blindness and this equated to knowledge
Forgery
s256(1), Crimes Act 1961
Makes a false document
with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration
False representation
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
Propensity Evidence
The ultimate issue is the degree to which the probative value of the evidence outweighs the prejudicial effect
Access definition
instruct, communicate with, store data in, receive data from or otherwise make use of the resources of the computer system
Computer System definition
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
An investigator must ask the banks account manager
Full name, occupation, phone number, address
Date the account was opened
History of account and how it was opened
False material particular
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.
Dishonestly Taking or Using a Document
s228(1) a and b
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
Using altered or reproduced document with intent to deceive
3 mental elements
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
Deception definition
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
Obtaining Ownership
when goods are posted
Title can be avoided by
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
R v Laverty
necessary for the prosecution
necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made
Cameron v R - subjective / objective test
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
R v Morley
intention to deceive
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
Fisher v Raven
credit refers to
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
Cameron v R
Recklessness is a test based on the defendant’s appreciation of the risk of the offence and their decision to run that risk anyway
Proof of inducement
that the false representation was believed
that it was the consequence of that belief that the victim parted with his or her money
debt
money owing from one person to another
liability
legally enforceable financial obligation to pay
Using altered documents with intent to deceive
s259
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
Seek advice early from
- Police accountants and legal officers
- Ministry of Business, Innovation and Employment
- Commerce Commission
- Financial Markets Authority
- NZ Customs
- Liquidators and Receivers
SFO arrest powers
Serious fraud investigators do not have the power to arrest.
Members only card
privilege / benefit
Does the deception have to be the person delivering property?
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
causing loss R v Morley
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
Claim of Right - 4 beliefs
- 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
Liam take credit card, owner cancelled transaction Q
228(1)(b)
- add cancellation does not negate the offence to answer
When assessing probative value of propensity evidence judge may consider
- 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
property definition
property includes real and personal property, any estate or interest in any real or personal property, money, electricity, and any debt
voidable title
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
