Obtains by Deception - Altering Documents

Question 1

Section and Penalty

Answer 1

S240(1)(c) CA61

Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

Question 2

Elements

Answer 2

(1) By deception and without claim of right
(2) Induces or causes any other person to deliver over, execute, make, accept, endorse, destroy or alter
(3) Any document or thing capable of being used to derive a pecuniary advantage

Question 3

Deception

Legislation

Answer 3

S240(2) CA61

Deception means:

(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or

(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 4

R v Morley

Intent to Deceive

Answer 4

An 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 5

R v Morley

Representations

Answer 5

Representations must relate to a statement of existing fact, rather than a statement of future intention

Question 6

R v Harney

Recklessness

Answer 6

Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

Question 7

Claim of Right

Answer 7

S2 CA61

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 8

Induces

Definition

Answer 8

Oxford Dictionary

To persuade, bring about or give rise to.

Question 9

R v Laverty

Inducement - what you must prove

Answer 9

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

Question 10

Deliver over, execute, make, accept, endorse, destroy or alter

Of note only

Answer 10

• Deliver over is to surrender up someone or something
• Execute is to put a course of action into effect
• Endorse is to write or sign on a document
• Alter is to change in character or composition, typically in a comparatively small but significant way
• Accept is to receive something.

Question 11

Document

Legislation

Answer 11

Sec. 217 Crimes Act 1961

Includes part of a document in any form, and includes:
• Paper/material containing anything that can be read
• Photos, negatives and related items
• Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

Question 12

R v Misic

Document

Answer 12

R v Misic

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