Practice Test 1

Question 1

Roberts car is in the local garage having been repaired. Robert could not afford to pay for the repair before getting the car back. Knowing that he does have funds in his account to cover the cost of the repairs, he hands over a cheque to the repairer and received the car in return. He drives home?

Answer 1

Robert has stolen the vehicle, as someone else has a special property or interest in it

Mechanics Lien.

Question 2

Claim of right in relation to any act means?

Answer 2

A belief at the time of the act in a proprietary or possessory right in property.

Question 3

To prove a charge of theft by a person in a special relationship under section 220(1), it is necessary to prove that the person knew they had to?

Answer 3

Account to any other person for the property, or for any proceeds arising from the property.

Question 4

The case R v Morley (2009) NZCA 618 discussed the matter of loss in relation to s240(1)(d) Crimes Act 1961 (causing loss by deception). Which statement best describes what was held in this matter?

Answer 4

The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception.

Question 5

For a charge under section 240(1) (b) of the Crimes Act 1961 (obtaining credit by deception), the obligation to repay means?

Answer 5

The obligation to repay must be a legally enforceable one.

Question 6

A fraudulent device, trick or stratagem used with intent to deceive any person must be?

Answer 6

Fraudulent and morally wrong.

Question 7

False document includes a document of which the whole or any material part purports to be made?

Answer 7

a) By a person who did not authorise its making
b) By a fictitious person
c) Both of the above are correct

Question 8

Where a person has been induced to part with goods by deception, what are two steps he can take to avoid the deceiver’s title?

Answer 8

• Take all other possible steps to bring it to the Offender’s notice, e.g. by writing a letter.
• Advise the police that the goods were obtained by deception.

Question 9

To successfully prosecute a person on a charge of (using altered or reproduced documents with intent to deceive) under section 259 of the Crimes Act 1961, name three mental elements you must prove?

Answer 9

Firstly, the defendant must know that the document had been altered with intent to deceive.

Secondly, the defendant must have intended by the employment of the document, or by causing another to use or rely on it, to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person.

Thirdly, there must be an intention to acquire or retain the property etc, or to cause loss, “by deception”.

Question 10

The prosecution must establish either that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false. State your understanding in relation to the term (false in a material particular)?

Answer 10

The prosecution must establish either that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false. A minor detail may amount to a “material particular” if it is of consequence to the facts of the case. The question of materiality will be assessed objectively.
Material particular is not defined in the Crimes Act and can be given its usual meaning of an important, essential or relevant detail or item.

Question 11

Investigations into company fraud complaints will usually involve enquiries with the Ministry of Commerce. State four possible sources available there?

Answer 11

• Registrar of Companies.
• Companies Office.
• Official assignee.
• Insolvency Services.

Question 12

a) What ‘knowledge’ must an accused person have to be liable for making a false representation?
b) How can ‘knowledge’ be established?

Answer 12

a) The Accused must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

b) Knowledge can be established by:
• An admission
• Implication from the circumstances surrounding the event
• Propensity evidence (see page 39).

Question 13

The term computer system is defined in s248 of the Crimes Act 1961. State the definition?

Answer 13

Computer system means:

(i) A computer; or
(ii) 2 or more interconnected computers; or
(iii) Any communication links between computers or to remote terminals or another device; or
(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and

(b) includes any part of the items described in paragraph (a) and all related input,

Question 14

Propensity evidence may be relevant in some deception cases. When may evidence of propensity be called in cases of deception?

Answer 14

Propensity evidence, whether on previous or later occasions to the offence charged, is admissible in cases of deception where there is a sufficiently strong connection between the offences.

Question 15

Police investigating the fraudulent use of credit cards or cheques must conduct enquires with the bank where the account is domiciled. List the information an investigator must obtain from the bank accounts manager?

Answer 15

In all cases contact the accounts manager at the bank where the account is domiciled and find out:
• The account holder’s full name, occupation, private and business addresses and telephone numbers
• The date the account was opened
• The account history and how it has been operated
• The date the cheque book or credit card was reported missing
• How and by whom a loss was reported
• The serial numbers of any missing cheques
• Details of any cheques dishonoured and returned
• Whether the account holder is suspected of issuing valueless cheques.

Note: Also find out if there are other banks to which cheques have been returned and, if possible, details of the people and firms defrauded.

Question 16

Both possession and title will pass on to a bona fide or innocent purchaser?

Answer 16

(b) When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title.

Question 17

The case Hayes v R defined a pecuniary advantage as?

Answer 17

Anything enhancing a person’s financial position.

Question 18

A person can only be charged under section 249(1) in relation to accessing a computer system for dishonest purpose when?

Answer 18

He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person.

Question 19

For propensity evidence to be admissible the ultimate issue is?

Answer 19

(a) The degree to which the probative value of the evidence outweighs the prejudicial effect.

Question 20

When interviewing a victim who alleges they have been defrauded, what two important questions should be asked by the investigator?

Answer 20

• That the false representation was believed, and

* That it was the consequence of that belief that the victim parted with his or her money.