Questions

Question 1

Outline ‘Specified Intent’ in relation to forgery.

Answer 1

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

Question 2

What are the 4 beliefs in relation to Claim of Right?

Answer 2

1. Belief in possessory or proprietary right in property
2. The belief must be about property linked to the offence
3. Belief must be held at time of the offence
4. Belief must be held by the defendant

Question 3

What do you have with property in relation to hire purchase?

Answer 3

Possession and no title

Question 4

When is obtaining complete when posting mail?

Answer 4

When it is posted

Question 5

Admissibility of propensity Evidence

Answer 5

Tendency to prove or disprove anything that is of consequence to the determination of the proceeding

Question 6

What is a computer system?

Answer 6

A single computer or a network of computers, or a computer connected to the internet connected to millions of networked computers.

A computer system is widely defined to include all related input, output, processing, storage, software, communication facilities and stored data.

Question 7

Inducement case law?

Answer 7

R v Laverty

It is necessary to prove the person parting with property was induced to do so and believed the false representation

Question 8

State the definition of deception as set out in 240 (2) of the Crimes Act?

Answer 8

A false representation wether orally, documentary or by conduct where there is an Intention to deceive.

Question 9

What is required to prove false representation?

Answer 9

To prove a false representation:
1. That there was an intent to deceive
2. There was a representation by the defendant
3. That the representation was false and knew or was reckless that it was false

Question 10

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

Answer 10

When the goods have been obtained or retained for himself or any other person

Question 11

What three ways can representation be made ?

Answer 11

• Orally
• documentary
• by conduct

Question 12

Difference between obtaining property by deception and theft in regard to possession?

Answer 12

Theft if obtaining without the owners permission and title is not passed on

Question 13

How can title be voided?

Answer 13

Communication to the fraudster and making all reasonable steps to bring it to their attention

Communication with police reporting the fraud

Question 14

When is forgery complete?

Answer 14

As soon as the document is made with intent to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration

Or

Makes a false document knowing it to be false with Intent that it may be used in NZ or elsewhere as genuine

Question 15

Define claim of right

Answer 15

A belief at the time of the act in proprietary or possessory right in property

Question 16

Define ‘access’

Answer 16

Instruct, communicate with, store data or receive data or otherwise use a computer system

Question 17

What actions would involve accessing a computer system?

Answer 17

A form of connection with the computer system to pass instruction or communication

Question 18

What is the definition of the word ‘loss’ caused by deception? (Loss caused by deception must be?)

Answer 18

Loss must relate to a direct loss. Indirect losses is not included.

Question 19

Claim of right in relation to any act means:

Answer 19

A belief at the time of the act in a proprietary or possessory right in property

Question 20

Possible Liability

Harry goes to the retail store and sees a drill that has a price tag of $350, he takes a $59 price tag off a cheaper drill and places it on the $350 drill. He takes the drill to the counter and buys the drill at $59 what is harrys criminal liability? Disregard uses a document…

Answer 20

Obtains property by deception
Crimes Act 1961 Section 240 (1) (a)

• by any deception
• and without claim of right
• obtains ownership or possession of or control over
• any property
• directly or indirectly

Question 21

Possible Liability

Mary lives alone, she gets mail from kiwibank for the previous tenant. It contains a credit card, she gets another letter from the bank to the previous tenant which has the pin number of that card.
Mary takes the card to the supermarket and uses the card and purchases groceries?

Answer 21

Dishonestly using a document
Crimes Act 1961 Section 228 (1) (b)

• with intent
• to obtain any property, service, pecuniary advantage or valuable consideration
• dishonestly
• and without claim of right
• uses a document

Don’t forget to put in R V Hayes for uses and R V Morely for ion although R V Morely isn’t in the liability book for this offence, I was told by the trainers thats where I lost marks in the liability.

Question 22

Possible Liability

John and Jill get divorced. Jill is awarded the Jaguar car in the divorce settlement.
Jill goes on an overseas trip. Before going she leaves the Jag with her friend Cheryl. She does not tell Cheryl anything about the divorce settlement.
John seizes the opportunity to recover the car. He goes to Cheryl’s and spins her a yarn. She is happy with the story and gives over the keys.

Answer 22

Obtains property by deception
Crimes Act 1961 section 240 (1) (a)

Question 23

(a) or (b) or (c) in regards to inducement

(a) The deceived must believe the false representation was true
(b) The deceived must not have believed the false representation was true
(c) The deceiver must believe the false representation to be false

Answer 23

(a) The deceived must believe the false representation was true

Question 24

An item obtained by deception is located at John’s property. What must be proved in relation to possession?

Answer 24

• That he had actual or potential custody or control of the item (physical element), and
• And he had knowledge of that it was in his possession and an intention to possess it (mental element)

R v Cox - Two elements…

Question 25

What is Police v Dronjak? (add Case law name to other card)

Answer 25

The Defendant was told the label price by staff, however when he went through the checkout and cheaper price was scanned, he stayed silent. By maintaining silence in the face of a mistake known to him and by deliberately refraining from drawing the checkout assistant’s attention to the mistake; he had obtained it by false pretence.

Question 26

Describe ‘Representation’.

Answer 26

representations about a past or present fact, about a future event, or about an existing intention, opinion, belief, knowledge or other state of mind.

It must be capable of being false so it must contain a proposition of fact.

How is the term (representation) interpreted (not defined) by the courts. State the relevant case law in your answer?

R v Morley - Representation must relate to a statement of existing fact, rather than a statement of future intention.

Question 27

Mental elements of theft by special relationship section 220?

Answer 27

To account for the property or its proceeds, or to deal with the property or its proceeds in accordance with the direction of another person

Question 28

What are the two core elements when it comes to an offence under 220 theft by a person in a special relationship? Pg 49

Answer 28

(a) that he or she have received property on terms or in circumstances which, to the accused’s knowledge, affect what the accused may do with the property or its proceeds or require the accused to act in accordance with the requirements of another person,

and

(b) That the accused intentionally departed from the relevant obligation.

Question 29

John has a small business that takes orders from clients. The company has a huge back log The company’s financial position deteriorates and john continues to accept orders because he thinks he can trade his way out of financial hardship, can John be held criminally liable ?

Answer 29

No, John has no intent to deceive anyone as he legitimately thinks he can trade his way out of his financial hardship as a large amount of small businesses do in NZ

Question 30

Give examples for reasons why someone may not pay a debt – with no intent to deceive. (Bona Fide intent)

Answer 30

• where they incur a debt and then be unable to pay through unforeseen circumstances such as loss of money or an oversight.
• where payment of the cost of a meal is refused because of the quality of the food (made prior to the meal being wholly consumed)

Question 31

Under Section 240(2) what are four ways in which you can show a false Representation has been made other then orally.

Answer 31

1. Documentary
2. Conduct
3. Device
4. Trick
5. Stratagem
6. Orally

Question 32

A senior executive of a company acting on behalf of the company causes loss to other companies who is held criminally liable?
A) the company
B) the exec alone
C) no liabilty

Answer 32

I think the company?

Question 33

Robert’s 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, offence?

Answer 33

Robert has obtained the vehicle by deception, as someone else has interest in it

Obtains service by deception
240 (1) (a)

Question 34

What is continuing representation?

Answer 34

Where the representation has a continuing effect, like ordering a meal in a restaurant would usually be a representation that one will follow the normal practice and pay for the meal at the end, if during the course of the meal the diner decides to avoid payment, the continuing representation of an intention to pay will become false and any subsequent obtaining of food will come within s240

Question 35

4 examples of a pecuniary advantage?

Answer 35

1. Cash from stolen goods
2. Clothing obtained by a credit or eftpos card
3. A discount
4. Avoiding or deferring payment of a debt

Question 36

Liability meaning

Answer 36

• Liability means a legally enforceable financial obligation to pay, such as the cost of a meal

Question 37

State your understanding in relation to the term (false in a material particular)

Answer 37

The prosecution must establish either that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false.

Material particular is not defined in the Crimes Act and can be given its usual meaning of an important, essential or relevant detail or item.

R v Mallett - A matter will be material particular if it is something important or something that matters.

Question 38

What ‘knowledge’ must an accused person have to be liable for making a false representation

Answer 38

a) The Accused must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

Question 39

In relation to the offence of obtaining credit by deception under section 240(1)(b)
of the crimes act1961, which of the following statements is NOT correct:

(a) A debt or liability must have been incurred at the time credit is obtained
(b) The debt or liability must be legally enforceable
(c) Under the definition of obtain in s217 of the crimes act 1961. It is not sufficient that the accused obtained the extension of credit to another person

Answer 39

C

Question 40

For propensity evidence to be admissible, what is the ultimate issue?

Answer 40

The degree to which the probative value of the evidence outweighs the prejudicial effect

Question 41

What is the difference between forgery and altering and reproduction of a document?

Answer 41

• The differences between the offences of forgery and altering or reproducing a document rest in the varying definitions of ‘document’ and ‘intent’.
• With forgery, an intent to deceive only is required, not an intent to obtain by deception.
• In the offence of altering, concealing, destroying, or reproducing a document, you must prove that the offender intended to obtain by deception.
• Any document can be altered or reproduced in the charge of altering, concealing, destroying, or reproducing a document. However, in a charge of forgery the document must be a ‘false document’ as defined in section 255 of the Crimes Act 1961.

Question 42

What is required to be proved for the Offence ‘Deception’?

Answer 42

• 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 OR
-was reckless as to whether it was false in a material particular

Question 43

What is special interest lien? And provide an example.

Answer 43

In general terms, a lien is a right over another person’s property to protect a debt charged on that property.

The defendant was the owner of a motor vehicle being repaired by a garage. The garage owner proprietor placed a lien over the vehicle until payment by the debt was made. The effect of this was to permit him to retain the possession of the car and gave him a special property or interest in the vehicle.