Q & A Flashcards
Robert 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 not 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.
Robert has obtained the vehicle by deception, as someone else has a special property or interest in it (Contractor’s lien).
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?
Account to any other person for the property, or for any proceeds arising from the property and deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.
The case R v Morley discussed the matter of loss in relation to section 240(1)(d) Crimes Act 1961. Which statement best describes what was held in this matter?
The prosecution must prove that the loss alleged by the victim must have been induced by or caused in reliance upon the deception.
Offender hires a drill from the local hire shop using false details. The drill is found at his home some months later and he claims he did intend to return it. What is the offence and who has title?
Obtains by Deception s240(1)(a) CA 1961
The company has title
Brown booked into a motel and on checking in he offered to pay in advance. He was told that he could pay the account in the morning. He left early without checking out or paying. What is Browns liability?
No offence committed
For a charge under section 240(1)(b) of the Crimes Act 1961 (obtaining credit by deception), the obligation to repay means?
The obligation to repay must be a legally enforceable one
A fraudulent device, trick or stratagem used with intent to deceive any person must be?
Fraudulent and morally wrong
Both possession and title will pass on to a bona fide or innocent purchaser when?
The property is brought by a third party from a person who obtained it by deception before the original owner voids any title.
In relation to the offence of obtaining credit by deception under section 240(1)(b) of the Crimes Act 1961, what is not correct?
Under the definition of obtain in s217 CA 1961, it is not sufficient that the accused obtained the extension of credit to another person
A person can only be charged under section 240(1) in relation to accessing a computer system for dishonest purpose when?
He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or caused loss to any other person
What was held in R v Crooks in relation to knowledge?
The accused may be liable if their conduct has amounted to wilful blindness and this equated to knowledge
For propensity evidence to be admissible, what is the ultimate issue?
The degree to which the probative value of the evidence outweighs the prejudicial effect
What was held in R v Harney?
A foresight of the dangerous consequences together with the intent to continue the course regardless of the risk
John purchases property with a valueless cheque on Tuesday, John onsells it to Mike at the local pawn shop on Wednesday, Mike sells it to Jane on the same day. On Thursday the valueless cheque is dishonoured and reported to police. Who will have legal title to the property? Or who will take possession of the property?
Jane
John finds a gym membership card for the local gym/swimming pool, its a hot day so John goes to the swimming pools and uses this card to gain entry without paying. What is Johns criminal liability?
Uses a document
