Offences: elements, case law and definitions Flashcards
Theft by person in special relationship
Crimes Act 1961 section 220
7 years
Elements:
* received OR was in possession of OR had control over any property on terms OR in circumstances that the person knows and requires the person
* to account to any other person for the property or for any proceeds arising from the property OR
* to deal with the property or any proceeds arising from the property in accordance with the requirements of any other person
* AND
* intentionally failed to account to the other person as so required OR
* intentionally dealt with the property or any proceeds of the property otherwise than in accordance with those requirements
Case Law:
* R v COX (possession)
* R v Collister (intent)
Definitions:
* Property
* Proceeds
* Deal with
* Intent
* Knowledge
Dishonestly takes or obtains document
Crimes Act 1961 section 228(1)(a)
7 years
Elements:
* with intent to obtain any property, service, pecuniary advantage, or valuable consideration
* dishonestly and without claim of right
* took or obtained any document
Case Law:
* R v Collister (intent)
* HAYES v R (pecuniary advantage)
* Hayes v R (valuable consideration)
* HAYES v R (dishonesty)
* R v MISIC (document)
* R v Cara (service)
Definitions:
* Intent
* Property
* Dishonest
* Claim of right
* Took
* Obtain
* Document
Dishonestly uses or attempts to use document
Crimes Act 1961 section 228(1)(b)
7 years
Elements:
* with intent to obtain any property, service, pecuniary advantage, or valuable consideration
* dishonestly and without claim of right
* used or attempted to use any document
Case Law:
* R v Collister (intent)
* HAYES v R (pecuniary advantage)
* Hayes v R (valuable consideration)
* HAYES v R (dishonesty)
* R v MISIC (document)
* HAYES v R (use)
Definitions:
* Intent
* Property
* Dishonestly
* Claim of Right
* Use
* Document
Obtains by deception (property)
Crimes Act 1961 section 240(1)(a)
Penalty depends on value of property :
> $1000 = 7 years
$500 - 1000 = 1 year
<$500 = 3 months
Elements:
* by deception and without claim of right
* obtained ownership or possession of, or control over
* any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration
* directly or indirectly
Case Law:
* R v MORLEY (intention)
* Hayes v R (valuable consideration)
* HAYES v R (pecuniary advantage)
* CAMERON v R (reckless)
* R v MORLEY (deception)
* R v COX (possession)
* R v Cara (service)
* Police v Le Roy (benefit)
Definitions:
* Deception
* Claim of right
* Obtain
* Ownership
* Property
* Privilege
* Benefit
Obtains by deception (credit)
Crimes Act 1961 section 240(1)(b)
Penalty depends on value of property :
> $1000 = 7 years
$500 - 1000 = 1 year
<$500 = 3 months
Elements:
* by deception and without claim of right
* in incurring any debt or liability
* obtained credit
Case Law:
* R v MORLEY (intention)
* CAMERON v R (reckless)
* R v MORLEY (deception)
* FISHER v RAVEN (credit)
* R v MCKAY (intent)
Definitions:
* Deception
* Claim of right
* Debt
* Liability
* Obtain
* Credit
Inducing by deception
Crimes Act 1961 section 240(1)(c)
Penalty depends on value of property :
> $1000 = 7 years
$500 - 1000 = 1 year
<$500 = 3 months
Elements:
* by deception and without claim of right
* induced or caused any other person to deliver over, execute, make, accept, endorse, destroy, or alter
* any document or thing capable of being used to derive a pecuniary advantage
Case Law:
* R v MORLEY (intention)
* CAMERON v R (reckless)
* R v MORLEY (deception)
* R v LAVERTY (inducement)
* HAYES v R (pecuniary advantage)
Definitions:
* Deception
* Claim of right
* Induced
* Deliver Over
* Execute
* Accept
* Endorse
* Destroy
* Alter
* Document
Cause loss by deception
Crimes Act 1961 section 240(1)(d)
Penalty depends on value of property :
> $1000 = 7 years
$500 - 1000 = 1 year
<$500 = 3 months
Elements:
* by deception and without claim of right
* caused loss to any other person
Case Law:
* R v MORLEY (intention)
* CAMERON v R (reckless)
* R v MORLEY (deception)
* R v Billingsley (loss)
Definitions:
* Deception
* Claim of right
Accessing computer system for dishonest purpose (obtained)
Crimes Act 1961 section 249(1)
7 years
Elements:
* directly or indirectly
* accessed any computer system
* dishonesty and without claim of right:
* obtained any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, OR
* caused loss to another person
Case Law:
* HAYES v R (dishonesty)
* Hayes v R (valuable consideration)
* HAYES v R (pecuniary advantage)
* R v Billingsley (loss)
* Police v Le Roy (benefit)
Definitions:
* Access
* Computer system
* Dishonest
* Claim of right
* Obtain
* Privilege
* Benefit
Accessing computer system for dishonest purpose (intended)
Crimes Act 1961 section 249(2)
5 years
Elements:
* directly or indirectly
* accessed any computer system with intent to
* dishonesty and without claim of right:
* obtain any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, OR
* cause loss to another person
Case Law:
* R v Collister (intent)
* HAYES v R (dishonesty)
* HAYES v R (pecuniary advantage)
* Hayes v R (valuable consideration)
* Police v Le Roy (benefit)
* R v Billingsley (loss)
Definitions
* Access
* Computer system
* Intent
* Dishonest
* Claim of right
* Obtain
* Privilege
* Benefit
Damaging or interfering with computer system likely to endanger life
Crimes Act 1961 section 250
10 years
Elements:
* intentionally or recklessly
* destroys, damages, or alters
* any computer system
* knowing or ought to know that danger to life is likely to result
Case Law:
* R v Collister (intent)
* CAMERON v R (reckless)
Definitions:
* Intent
* Reckless
* Destroy
* Alter
* Computer system
* Knowlegde
Accessing computer system without authorisation
Crimes Act 1961 section 252
2 years
Elements:
* intentionally accesses
* directly or indirectly
* any computer system without authorisation
* knowing that they are not authorised to access it OR being reckless as to whether or not they are authorised to access it
Case Law:
* R v Collister (intent)
* CAMERON v R (reckless)
Definitions:
* Intent
* Computer system
* Authorisation
* Knowledge
* Reckless
Forgery (to obtain property)
Crimes Act section 256(1)
10 years
Elements:
* made a false document
* with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration
Case Law:
* R v Collister (intent)
* HAYES v R (pecuniary advantage)
* Hayes v R (valuable consideration)
* R v Cara (service)
Definitions:
* False document
* Intent
* Use
* Obtain
* Property
* Privilege
* Benefit
Forgery (to be acted upon)
Crimes Act section 256(2)
3 years
Elements:
* made a false document
* knowing it to be false
* with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine
Case Law:
* R v Collister (intent)
* R v MISIC (document)
Definitions:
* False document
* knowledge
* Intent
* Use
Forgery (sell etc false document)
Crimes Act section 256(5)
3 years
Elements:
* without reasonable excuse
* sells, transfers, or otherwise make available any false document
* knowing it to be false and to have been made
* with the intent that it be used or acted upon (in New Zealand or elsewhere) as genuine
Case Law:
* R v Collister (intent)
* R v MISIC (document)
Definitions:
* False document
* Knowledge
* Intent
* Use
Used forged document
Crimes Act 1961 section 257
10 years
Elements:
* knowing a document to be forged
* used the document to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration OR
* used, dealt with or acted upon as if it were genuine OR
* caused any other person to do so
Case Law:
* R v MISIC (document)
* HAYES v R (pecuniary advantage)
* Hayes v R (valuable consideration)
* R v Cara (service)
* Police v Le Roy (benefit)
Definitions:
* Knowledge
* Document
* Property
* Privilege
* Benefit
* Use
* Deal with
Altering, concealing, destroying or reproducing document with intent to deceive
Crimes Act 1961 section 258
10 years
Elements:
* With intent to
* obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration OR
* cause loss to any person
* altered, concealed, or destroyed any document OR caused any document to be altered, concealed or destroyed OR
* made a document or caused a document to be made that is, in whole or in part, a reproduction of any other document
Case Law:
* R v Collister (intent)
* HAYES v R (pecuniary advantage)
* Hayes v R (valuable consideration)
* R v MISIC (document)
* R v Cara (service)
* Police v Le Roy (benefit)
Definitions:
* Intent
* Obtain
* Deception
* Property
* Privilege
* Benefit
* Alter
* Conceal
* Destroy
* Document
* Reproduction
Using altered or reproduced documents with intent to deceive
Crimes Act 1961 section 259
10 years
Elements:
* knowing a document had been made or altered in the manner and with the intent referred to in section 258
* with intent to
* obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration OR
* cause loss to any person
* used dealt with or acted upon the document OR
* caused any person to do so
Case Law:
* R v MISIC (document)
* R v Collister (intent)
* HAYES v R (pecuniary advantage)
* Hayes v R (valuable consideration)
* R v Cara (service)
* Police v Le Roy (benefit)
Definitions:
* Knowledge
* Document
* Alter
* Intent
* Obtain
* Deception
* Property
* Privilege
* Benefit
* Use
* Deal with
