Questions III

Question 1

What are the essential ingredients of s 228 CA61 - Taking or using a document?

Answer 1

(a) Dishonestly and without claim of right, takes or obtains, any document or
(b) (a) Dishonestly and without claim of right, uses or attempts to use, any document.

Question 2

List the things a judge may consider when considering propensity evidence

Answer 2

(a) The frequency with which the acts, omissions, events, or circumstances which are the subject of the evidence have occurred.

(b) The connection in time between the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or
circumstances which constitute the offence for which the defendant is being tried.

(c) The extent of the similarity between the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried.
(d) The number of persons making allegations against the defendant that are the same as, or are similar to, the subject of the offence for which the defendant is being tried.
(e) Whether the allegations described in paragraph (d) may be the result of collusion or suggestibility.
(f) The extent to which the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried are unusual.

Question 3

What are the essential ingredients of the forgery offences as set out in s256(1) CA 61

Answer 3

Everyone one is liable to imprisonment for a term not exceeding 10 years, who

makes a false document with the intention of using it to

Obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.

Question 4

Serious Fraud Office Investigations

When must you notify SFO

Answer 4

• All fraud complaints with an actual or potential loss in excess of $2,000,000
• All fraud complaints where the facts, law or evidence is of great complexity
• Any fraud complaint of great interest or concern; for example, fraud involving a public figure.

Question 5

You are investigating a cheque fraud series where the account has been opened and a chequebook obtained using fictitious details. Apart from the normal bank enquiries in relation to cheque offences, list four possible enquiries you should make regarding the offender opening the account with the bank

Answer 5

1. The account number and the date it was opened
2. The nature and amount of the first deposit
3. Details of any other deposits
4. The details used when the account was opened
5. Descriptions of the suspect and any of their associates at the time
6. The names and addresses of the employee who opened the account and any other employees who can identify the suspect. Interview these employees and obtain statements
7. The serial numbers of the cheques supplied
8. details of the dishonored cheques and the people or firms defrauded

Question 6

An offender using false name and address hires an electric drill from the local hire shop. The drill is found at his home some months later and he claims that he did intend to return it at some stage but didn’t get around to it.

Answer 6

Obtains by Deception s240(1)(a)
The shop owner has title of the drill as he did not fully part with the drill as the drill was for hire and not sold to the offender.

Question 7

What actions would involve accessing a computer system?

Answer 7

Access requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass.

Question 8

For a charge of accessing a computer system for dishonest purposes under section 249(2) to be successful, what intents must be proved?

Answer 8

Prove the offender (a) obtained any property, privilege, service, pecuniary advantage, benefit, or valuable consideration
(OR) (b) causes loss to any other person.

Question 9

alse Representation: (NOT ORAL): What other ways can a false representation be made

Answer 9

An omission to disclose a material particular, with intent to decievce any person, in circumstances where there is a duty to disclose; or

A fraudulent device, trick, or stratagem used with intent to deceive any person.