Propensit/title/theft In A Special Relationship/forgery

Question 1

When can a prosecutor offer propensity evidence?

Answer 1

Only if the evidence has a probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant

Question 2

What may the judge consider when assessing the probative value of propensity evidence?

Answer 2

1. The frequency with which the acts which are the subject of the evidence have occurred
2. The connection in time between the acts which and the subject of evidence and the acts of the defendant being tried
3. The extent of the similarity between the acts
4. The numbers of persons making allegations against the defendant, that are similar to the act of the defendant being tried.
5. Whether the allegations are a result of collision

Question 3

When assessing the prejudicial effect of propensity evidence, what MUST the judge consider?

Answer 3

1. Whether the evidence is likely to unfairly predispose the fact-finder against the defendant and
2. Whether the fact-finder will tend to give disproportionate weight in reaching a verdict of other acts or omissions

Question 4

Define title

Answer 4

A right of claim to the ownership of property

Question 5

Define voidable title

Answer 5

The means that the title can be voided by the seller

Question 6

What are the two core elements of proof required for s220 theft by a person in a special relationship?

Answer 6

1. That he or she have received property on terms or in circumstances which, to the defendant’s knowledge, affect what the defendant may do with the property or it’s proceeds or require the defendant to act in accordance with the requirements of another person and
2. That the defendant departed from the relevant obligation

Question 7

When is forgery complete

Answer 7

As soon as the document is made with knowledge and intent

Question 8

Can a false document be made by making material alterations to a genuine document?

Answer 8

Yes

Question 9

Is a photocopy of a false document a forgery?

Answer 9

No, as it does not tell a lie about itself

Question 10

When making a false document from a genuine document, what are some the the alterations involved?

Answer 10

Additions
Insertions
Deletions
Obliterations
Erasures
Removal of material

Question 11

Define false document

Answer 11

Means a document
1. When whole or part of it says it was made by a person who did not make it or a fictitious person
2. When it says it was made by or on behalf of someone who did not authorise making it. Or a fictitious person
3. When it was altered
4. When it was reproduced

Question 12

False document discussion

Answer 12

The document doesn’t have to be forged to meet the definition of false or document.

A false document must lie about itself or intent to convey a lie

Question 13

To prove a charge of forgery under section 256(2)

Answer 13

• made a false document
• knowing it to be false
• with intent that it in any way be used or acted upon as genuine
• essentially a false document must lie about itself or intent to convey a lie

Question 14

I’m relation to using as forged document what knowledge must you prove the defendant had at the time of using the document?

Answer 14

At the time of the physical act
- the document was false
- the user knew that the document had been made with the knowledge and intent required

Question 15

What is the difference between forgery and altering/reproducing a document

Answer 15

With forgery, and intent to deceive only is required, not an intent to obtain by deception.

For the offence of altering, concealing etc you must prove the offender intended to obtain by deception

Question 16

What must you prove for forgery under section 256(1)

Answer 16

• made a false document
• with intent to use it to obtain property

Question 17

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

Answer 17

246(4) is the exception to the rule that you cannot get a better title than the seller.

If the original purchaser subsequently sells the goods to an innocent buyer, one who is not aware of the defect, then title has been made legal

Question 18

How can title be avoided?

Answer 18

1. Communication with the deceiver, taking all possible steps to bring it to bs notice, through calls, texts letters etc
2. By advising the police