Other Definitions Flashcards
Document - 217 CA
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
Representation
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
R v Crooks (knowledge)
Held that the accused may also be liable if their conduct has amounted to wilful blindness
Silence - R V Waterfall
As a general rule, silence or non disclosure will not be regarded as a representation….but there are some exceptions
R v Dronjak
Deception held where defendant maintained silence in face of mistake known to him
Material particular
Important, essential or relevant detail or item
R v Mallett (MP)
A matter will be a MP if it is something important or something that matters
Duty to disclose
Duty often originate in the Civil law
240(c)
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
Device
Plan, scheme or trick
Trick
Action or scheme undertaken to fool, outwit or decieve
Stratagem
Cunning plan or scheme for deceiving an enemy or trickery
Privilege and benefit
Both mean special right or advantage.
Not limited to Pecuniary nature
Obtained
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
Ideal possession (R v COX)
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
Special interest
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
Lien
Right over another’s property to protect a debt charged on that property
Garage placing lein on vehicle until payment of debt was made
Control
Exercise authorative or dominating influence or command over it
Adams on Criminal Law (control)
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
Computer system definition s248
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
Company deception
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
4 beliefs COR
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
