Scenarios

Question 1

Mary lives alone, she gets mail from kiwi bank for a 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 1

The answer is uses a document
Section 228(1)(b) ca 1961

Don’t forget Hayes v R for uses and
R v Morley for intention

Question 2

Harry enters a major retail store and selects an expensive DeWalt brand electric drill. He removes the $323.99 price tag and replaces it with a $59.99 price tag from a much cheaper KamaKouza brand drill. He takes the DeWalt drill to the checkout operator. Harry says nothing. The checkout operator scans the price tag and changes him for the cheaper price. Harry pays cash and then leaves the store with the drill.
Disregard using a document

Answer 2

Obtains property by deception
S240(1)(a)
False representation by conduct and pecuniary advantage or property

Question 3

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 spin her a yarn. She is happy with the story and gives over the keys.

Answer 3

Obtains by deception
S240(1)(a) CA 1961
Or
Cause loss by deception
S240(1)(d) CA 1961

Question 4

Kevin and Poppy see an advert for Dine and Dash, where people have meal then run away without paying, they enter the restaurant and rack up $230 worth and then when the meal is finished and when the staff are not looking they exit and run away

Answer 4

Obtaining credit by deception
Section 240(1)(b) CA 1961
Incurring any liability not debt because it is not money owning from one person to another, it’s a legally enforceable obligation to pay

Question 5

A druggie who tells a girl he is a photographer and he will take photos of her for $500 up front. He texts her a few days later and agrees to meet her at a photo studio he used to work at and has a spare key. He takes her $500 and pretends to take photos then tells her he will give them to her in a few days.

Answer 5

Obtaining by deception
S240(1)(a) CA 1961
Pecuniary advantage (R v Morley)

Question 6

Two rival taxi drivers are talking, taxi driver (1) wants to make more money by getting rid of the other driver so tells taxi driver (2) that if you put golden syrup into your petrol tank you’ll get better fuel economy. Taxi driver (2) puts the syrup into his car causing damage and having to take his car off the road losing income (worded similar to this)

Answer 6

Causes loss be deception
S240(1)(d) CA 1961
Causes loss

Question 7

Yohan is in need of money. He photographs his neighbours property and puts an advert on trademe. Alan is interested in a rental property in a rental property and pays bond of $250 and one week rent. Alan puts the $500 into the account. When Alan turns up at the rental property the place is an empty section

Answer 7

Obtains by deception
Section 240(1)(a) CA 1961

Question 8

Jake is a postie and his hours are cut, he does a post run and sees letters with logos on them. His shoes get worn out so he searches 10 post boxes on his way home and finds a credit card and buys a pair of shoes

Answer 8

Could be either takes or uses
Section 228(1)(a) or section 228(1)(b) CA 1961