Progress Test 1

Question 1

Define deception as per 240(2)?

Answer 1

The definition of Deception is set out in s240(2) of the Crimes Act 1961.

(2) In this section, deception means-
(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.
(b) An omission to disclose a material particular, with intent to deceive any person, in circumstances where thee is a duty to disclose it; or
(c) A fraudulent device, trick or stratagem used with intent to deceive any person.

Question 2

What is required to prove a ‘false representation’?

Answer 2

To prove a false representation you must prove:

• That there was an intent to deceive.
• That there was a representation by the defendant.
• That the representation was false, and that the defendant either:
• Knew it was false in a material particular, or
• Was reckless whether it was false in a material particular.

Question 3

When can goods be said to have been obtained by a defendant?

Answer 3

Obtain, in relation to any person means obtain or retain for himself herself or for any other person.

Question 4

Representations can be made in three ways, or a combination of three ways, what are these?

Answer 4

Representations can be made orally, documentary or by conduct.

Question 5

What are the differences between ‘obtaining property by deception’ and theft’ with regard to possession.

Answer 5

The difference between obtaining by deception and theft with regard to possession are:
An important distinction between theft and obtaining by deception is that in theft the property is obtained without the owners permission and title is not passed on.

Question 6

Under what circumstances does a person keep title of goods if they have fraudulently induced another to hand over goods with the intention title will pass?

Answer 6

A person can keep title of good obtained fraudulently when: 
Section 246(4) is an exception to the rule that you cannot get a better title that the seller. If the original purchaser subsequently sells the goods to an innocent buyer (one who is not aware of the defect in title) then the title has been made legal.

Question 7

How can you avoid title?

Answer 7

Title can be voided by:

1. Communication to B. The taking of all possible steps to bring it to B’s notice, eg writing a letter, text, phone call etc.
2. By advising the Police that the vehicle was obtained by fraud.

Question 8

When is forgery complete?

Answer 8

Forgery is complete as soon as the document is made with the intent described in subsection (1) of section 256 or with the knowledge and intent described in subsection 2.

Question 9

Define the term access?

Answer 9

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

Question 10

Explain what actions would involve accessing a computer system?

Answer 10

Access requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass.

Question 11

For a charge of accessing a computer system for dishonest purpose under section 249(2) to be successful. what intents must be proved?

Answer 11

For a charge of accessing a computer system for dishonest purpose under section 249(2) to be successful it must be proved that the offender:

a) obtained any property, privilege, service, pecuniary advantage, benefit or valuable consideration; or
b) cause loss to any person.

Question 12

Explain the distinction between the two offences under s249(1) and 249(2)?

Answer 12

The distinction between the offences under section 249(1) and (2) is reflected in the words ‘thereby’ and ‘obtains’.

Section 249(1) is directed a the situation where a person has actually accessed a computer system, obtains the offending material or cause loss, whereas 249(2) is directed at someone who actually accesses the computer system with that intent regardless of the result.

Question 13

Describe a situation when a person may not be physically present at a computer to access it?

Answer 13

A person may not be physically present at a computer but can give access to it via software that remotely infects computers.