Practice Test 2

Question 1

What are the essential ingredients of the forgery offences as set out in section 256(1) of the crimes act 1961?

Answer 1

Everyone is liable to imprisonment for a term not exceeding 10 years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.

Question 2

You are investigating a cheque fraud series where the account has been opened and a chequebook obtained using fictitious details. Apart from the normal bank enquiries in relation to cheque offences, list four possible enquiries you should make regarding the offender opening the account with the bank?

Answer 2

• The account number and the date it was opened
• The nature and amount of the first deposit
• Details of any other deposits
• The details used when the account was opened
• Descriptions of the suspect and any of their associates at the time
• The names and addresses of the employee who opened the account and any other employees who can identify the suspect. Interview these employees and obtain statements
• The serial numbers of the cheques supplied
• Details of the dishonoured cheques and the people or firms defrauded

Question 3

What are essential ingredients of section 228 of the crimes act 1961 Taking or Using Documents?

Answer 3

Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,—

(a) Dishonestly and without claim of right, takes or obtains any document; or
(b) Dishonestly and without claim of right, uses or attempts to use any document.

Question 4

Apart from a false representation what matters would constitute a deception as defined under section 240(2) of the crimes act 1961?

Answer 4

(a) A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) Knows that it is false in a material particular; or
(ii) Is reckless as to whether it is false in a material particular; or

(b) An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) A fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 5

What was held in the case R v Morley as it relates to section 240(2) in relation to an intention to deceive?

Answer 5

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

Question 6

A person who has property on hire purchase has?

Answer 6

Possession only

Question 7

In relation to 240(2), besides making a false representation by oral what other ways can a false representation be made?

Answer 7

(b) An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) A fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 8

What are the two core elements when it comes to an offence under 220 theft by a person in a special relationship?

Answer 8

(a) That he or she have received property on terms or in circumstances which, to the accused’s knowledge, affect what the accused may do with the property or its proceeds or require the accused to act in accordance with the requirements of another person, and
(b) That the accused intentionally departed from the relevant obligation.

Question 9

What is the difference between forgery and altering and reproduction of a document?

Answer 9

• The differences between the offences of forgery and altering or reproducing a document rest in the varying definitions of ‘document’ and ‘intent’.
• With forgery, an intent to deceive only is required, not an intent to obtain by deception.
• In the offence of altering, concealing, destroying, or reproducing a document, you must prove that the offender intended to obtain by deception.
• Any document can be altered or reproduced in the charge of altering, concealing, destroying, or reproducing a document. However, in a charge of forgery the document must be a ‘false document’ as defined in section 255 of the Crimes Act 1961.

Question 10

Define Access when it comes to computer offences?

Answer 10

The term ‘access’ in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.

Question 11

Define False Representation under 240(2)?

Answer 11

A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -

(i) Knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular;

Question 12

List the things a judge may consider when considering propensity evidence?

Answer 12

(a) The frequency with which the acts, omissions, events, or circumstances which are the subject of the evidence have occurred
(b) The connection in time between the acts, omissions, events, or circumstances of the evidence and those of the offence for which the defendant is being tried
(c) The extent of the similarity between the acts, omissions or events of the evidence and those of the offence for which the defendant is being tried
(d) The number of persons making allegations against the defendant that are similar to the offence for which the Defendant is being tried
(e) Whether the allegations described in paragraph (d) may be the result of collusion or suggestibility
(f) The extent to which the acts, omissions, events, or circumstances of the evidence and those of the offence for which the defendant is being tried are unusual