Other Definitions

Question 1

Document - 217 CA

Answer 1

Document, or part of document in any form. It includes:

• any paper or material used for writing
• photograph (negative, slide, film)
• disc, tape, wire, sound track, recorder data
• material of any means which supplies info

Question 2

Representation

Answer 2

Reps about past or present fact, event, intention, opppinoon, belief, state of mind

Semester and Brookbanks “it must be capable of being false so if must contain a proposition of fact

Question 3

R v Crooks (knowledge)

Answer 3

Held that the accused may also be liable if their conduct has amounted to wilful blindness

Question 4

Silence - R V Waterfall

Answer 4

As a general rule, silence or non disclosure will not be regarded as a representation….but there are some exceptions

Question 5

R v Dronjak

Answer 5

Deception held where defendant maintained silence in face of mistake known to him

Question 6

Material particular

Answer 6

Important, essential or relevant detail or item

Question 7

R v Mallett (MP)

Answer 7

A matter will be a MP if it is something important or something that matters

Question 8

Duty to disclose

Answer 8

Duty often originate in the Civil law

Question 9

240(c)

Answer 9

General offence to fraud and effectively covers any form of fraudulent conduct

Fraudulent = means dishonest in the traditional moral sense

Range from trickery to complex schemes, pyramid money making schemes etc

Question 10

Device

Answer 10

Plan, scheme or trick

Question 11

Trick

Answer 11

Action or scheme undertaken to fool, outwit or decieve

Question 12

Stratagem

Answer 12

Cunning plan or scheme for deceiving an enemy or trickery

Question 13

Privilege and benefit

Answer 13

Both mean special right or advantage.

Not limited to Pecuniary nature

Question 14

Obtained

Answer 14

Goods obtained if goods come under their control, even if they do not have physical control of them

Property may be obtained if a deception made to one person means that the property is then actually obtained by another..

Provided the deception operated on the mind of the person giving up the property

Question 15

Ideal possession (R v COX)

Answer 15

Cox found that both a physical and mental element must be proved to satisfy possession

R V COX…possession involves two elements

1 physical, the actual or potential physical custody or control.

2 mental, combination of knowledge and intention. Knowledge in a sense of awareness by the accused that the substance is in his possession, and an intention to exercise possession

Question 16

Special interest

Answer 16

It is sufficient if the person from whom the goods were obtained had some special property or interst in the goods without having actual ownership in them

Question 17

Lien

Answer 17

Right over another’s property to protect a debt charged on that property

Garage placing lein on vehicle until payment of debt was made

Question 18

Control

Answer 18

Exercise authorative or dominating influence or command over it

Question 19

Adams on Criminal Law (control)

Answer 19

Prosecution does not have to prove the accused was in actual possession of that property. May exercise control via agent

It is insufficient that dishonestly obtained property was found at the premises which Def had control

Question 20

Computer system definition s248

Answer 20

a) a computer system is

i) a computer
ii) 2 or more interconnected computers

iii) Any communication links between computers or to remote terminals or other device

iv) 2 or more interconnected computers combined with any communication links to remote terminals or other device e

Any paet of the times described in a

Question 21

Company deception

Answer 21

Category A
- large scale thefts and dishonesty offences against employers by employees (accountants, managers, manipulate financial systems)

B
Dishonestly offences committee against financial institutions by people outside institutions - obtaining money through deception (GST deception against IRD)

C
Commercial deception committed against the public either by people who entice people to invest money

D
Dishonesty offences committed by professionals in a position of trust - solicitors and accountants

Question 22

4 beliefs COR

Answer 22

1 - Belief in a proprietary or possessory right in property

2 - Belief must be about property in relation to the offence which is alleged to have been committed

3 - Belief must be held at the timr of the conduct alleged to constitute the offence

4 - Belief must actually he held