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
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
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
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
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
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
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
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
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 any other person
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
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
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
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
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
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
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
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
