Questions

Question 1

What happens if the contract is void or illegal? (Obtains credit by deception)

Answer 1

There will be no offence

Question 2

When is gaining credit unlawful?

Answer 2

Where it is accompanied by an intent to deceive

Question 3

When must the intention to deceive exist, in relation to obtaining credit?

Answer 3

At the time when the deception is perpetrated

Question 4

How do you prove inducement?

Answer 4

The victim is questioned to elicit answers proving that:

1) The false representation was believed
2) It was the consequence of that belief that the victim parted with his or her money

Question 5

What must you prove for causes loss by deception?

Answer 5

1) The loss was caused by deception
2) It was reasonably foreseeable some more than trivial loss would occur, but

Need not prove that the loss was intentionally caused

Question 6

What is the penalty for obtaining by deception / causes loss by deception?

Answer 6

(a) If loss caused or value of what is obtained or sought to be obtain exceeds $1000 = 7yrs imprisonment
(b) If loss caused or value.. exceeds $500 but does not exceed $1000 = 1yr imprisonment
(c) If lose caused or value.. does not exceed $500 = 3 months imprisonment

Question 7

What is propensity evidence?

Answer 7

Section 40, Evidence Act 2006

Evidence that tends to show a person’s propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved

Question 8

What propensity evidence may be offered?

Answer 8

Section 43, Evidence Act 2006.

(a) Frequency of acts/omissions
(b) The connection in time between the acts/omissions
(c) The extent of similar between the acts/omissions
(d) The number of persons make allegations against the defendant that are the same as, or similar to, the subject of the offence
(e) Whether the accusations described may be the result of collusion or suggestibility
(f) The extent to which the acts.omissions which are the subject of evidence, and the acts/omission which constitute the offence, are unusual

Question 9

What are the two elements that make up title?

Answer 9

(1) Possession

(2) Ownership

Question 10

How do you void title?

Answer 10

(1) Communicate to the defrauder - taking all possible steps to bring it to their notice
(2) Advising the Police that the vehicle was obtained by fraud