Qs Flashcards
What are the two main points held in law in relation to R V Harney
Recklessness involves a foresight of dangerous consequence that could well happen together with an intention to continue the course of action regardless of the risk
Outline “specified intent” in relation to forgery
The prosecution must prove that, at the time of the alleged act, the defendant, knowing that the document was false, had intended to deceive either:
– to use the false document to obtain or
– that the false document to be used or acted on as genuine
What is the definition of the word loss caused by deception
Loss must be in the nature of a direct loss.
Indirect losses, in such expectation loss loss of the bargain and loss of anticipated future profits are not included
To prove the charge of theft by a person in a 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
In the case of the Morley in NZCA618 to discuss the matter of loss in relation to section 240(1)(B) crimes act 1961 causing loss by deception what was held in this matter
The prosecution must prove that the loss alleged by the victim must have been induced by, or are caused in reliance, upon the deception
For a charge of under section 240(1)(B) of the crimes act 1961, obtaining by deception, the obligation to repay means
The obligation to repay must be a legally enforceable one
A fraudulent device, truck or stratagem used with intent to deceive any person must be
Fraudulent and morally wrong or fraudulent, meaning dishonest in a traditional sense
False documents include a document of which the whole or in a material part purports to be made by who
– A person who did not authorise it’s making
– a factitious person
The serious fraud office investigators serious or complex fraud complaints. Can investigate it from the office make an arrest of a fraud suspect
Under no circumstances as the investigator does not have powers of arrest
Debt
Means money owing from one person to another
Liability
A legally enforceable financial obligation to pay, such as the cost of a meal
Where person has been induced to part with the goods by deception, what are two steps he can take to void the deceivers title
Communication to the accused. Taking of all possible steps to bring it to the accused notice, e.g. by writing a letter, text, phone calls etc
By advising the place the property has been obtained by fraud
To successfully prosecuted person on the charge of using altered or pre-producing documents with intent to deceive under 259 of CA 61 three elements you must prove
Firstly, the defendant must know that the document has been altered with intent to deceive
Secondly, the defendant must have intended by the employment of the document, or by causing another person to use or rely on it, to obtain by deception any property, privilege, Service, Broker advantage, benefit or valuable consideration or to cause loss to any person.
Thirdly: there must be an intention to acquire or retain the property etc, or to cause loss, by deception
State your understanding in relation to the term – false in a material particular
The prosecution must establish either that the defendant knows or believes has representation and is false in a material particular, Or as 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 is materiality will be assessed objectively
Material particular is not defined and see a 61 and can be given as usual meaning of an important, essential or relevant detail or item
R V Mallett
A matter will be in a material particular if it is something important or something that matters
Investigations into company fraud complaints will usually involve inquiries with the Ministry of commerce. State for possible sources available there
One – registrar of companies
Two – companies office
Three - official assignee
Four – insolvency services
What knowledge must the accused person have to be liable of making a false representation
The accused must know or believe that it is false and a material particular, or be reckless whether it is false.
Absolute certainty is not required and wilful blindness as a falsity to the statement will suffice
Knowledge established by
– an admission
– implications from the circumstances surrounding the event
– propensity evidence
When my evidence of the propensity be called in cases of deception
Whether on previous or later occasions to the offence charged, as admissible in cases of deception where there is a significantly strong connection between the offences
When does both position and title pass on to a bonafide purchaser
When the property is brought by third-party from a person who obtained it by deception before the original owner voids title
In the case of Hayes VR what is the definition of pecuniary advantage
Anything enhancing the persons financial position
When can a person only be charged under section 249(1) in relation to accessing a computer system for a dishonest purpose
When he/she actually obtained any property, or privilege, Service, pecuniary advantage, benefit or valuable consideration or loss to any other person
The term credit means
Refers to the obligations on a detour to pay or repay, and the time given for them to do so by the creditor
What was held in are the crooks in relation to knowledge
The accused may be liable if their conduct will has amounted to wilful blindness and this is equated to knowledge (conduct of the accused amounting to putting their head in the sand)
A person can be said to have control of a thing if
It is proved that the accused did in fact exercise some control over the thing
For propensity evidence to be established, what is the ultimate issue
The degree of which the probative value of the evidence outweighs the prejudicial your affect
The term valuable consideration means that a person can
Obtain anything capable of being valuable consideration, whether of monetary kind or of any other kind
When interviewing a victim who alleged to have been defrauded, watch too important question should you ask
That the false representation was believed and
That it was the consequence of that belief that the victim parted with his or her money
What is the essential ingredients of the forgery offence it out in 256(1)
Everyone is liable to a term of 10 years imprisonment
who makes a false document with the intention of using it to obtain any property, privilege, Service, pecuniary advantage, benefit, or valuable consideration
When is forgery complete
For address complete as soon as the document is made with the intent described and subsection one
What is a material particular
And important, essential or relevant detail or item
When recklessness is an element of an offence, what must you prove?
Subjective test – that the defendant consciously and deliberately ran a risk
Objective test – that the risk was one that was unreasonable to take in the circumstances as they were known to the defendant
What is required to be proved for the offence “deception”
- 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 to be false in a material particular
- was reckless as to whether it was false in a material particular.
What is the distinction between theft and obtaining by deception
That and theft property is obtained without the owners permission and title is not passed on
The thief never gets title. But the person, who by deception or other deceit, induces another to hand over the goods with the intention that the title will be passed, does get title. Note, however, that there may be limitations to this title
What is the definition of title
A right or claim to the ownership of property (simply a legal right to the property)
What does a voidable title
A title obtained by deception, fraud, dress or a misrepresentation is called avoided all title.
This means that the title can be voided (vacated) by the seller.
If an innocent purchaser buys goods obtained by deception, before the title is void, then he or she is entitled to good title.
Until the title is voided, the defraud are has a voidable title, and can confirm a good title on anyone who requires the goods from him or her in good faith and for value.
