Short Answer questions Flashcards
What is meant by the following terms reffered to in section 240(1)(b) of the CA 61
a) Debt
B) Liability
Debt means money owing from one person to another
Liability means a legally enforceable financial obligation to pay, such as the cost of meal
Where a person has been induced to part with goods by deception, what are two steps he can take to avoid the deceiver’s title
- Take all other possible steps to bring it to the offender’s notice E. G by writing a letter
- Advise the police that the goods were obtained by deception
To successfully prosecute a person on a charge of (using altered or reproduced documents with intent to deceive) under section 259 CA 61, name three mental elements you must prove
- The defendant must know that the document had been altered with intent to deceive
- The defendant must have intended by the employment of the document, or by causing another to use or rely on it, to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person
- There must be an intention to acquire or retain the property ect or to cause loss, “by deception”
How is the term (representation) interpreted (not defined) by the courts
Include case law
Representation is not defined by the courts.
Representations can be oral, documentary, by conduct, or combo of all.
R v Morley explains that a representation must relate to a statement of existing fact rather than a statement of future intention
An offender knowingly presents to the retailer an item with two price tags for different amounts, aware that the higher amount is the correct price, he shows the lower price to the checkout operator and obtains the item for the lower price. He is apprehended by police some two days later for this offence
a) what offence has the offender committed
B) who has title to the item obtained by the offender
A) Obtains by Deception
B) Title would belong to the offender which has been obtained by deception
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.
State your understanding in relation to the term
False in a material particular
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. A minor detail may amount to a “material particular” if it is of consequence to the facts of the case. The question of materiality will be assessed objectively
Material particular is not defined in the CA 61 and can be given its usual meaning of an important, essential or relevant detail or item
Investigations into company fraud complaints will usually involve enquiries with the Ministry of Commerce.
State 4 possible sources available there
- Registrar of companies
- Companies Office
- Official assignee
- Insolvency services
A) What “knowledge” must an accused person have to be liable for making a false representation
B) How can “knowledge” be established?
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.
B) knowledge can be established by:
- an admission
- implication from the circumstances surrounding the event
- propensity evidence
The term computer system is defined in s248 of the CA 61
State the definition
Computer system means
I) a computer or
ii) 2 or more interconnected computers or
iii) any communication links between or to remote terminals or another device or
IV) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device and
B) includes any part of the items described in paragraph (a) and all related input
Propensity evidence may be relevant in some deception cases. When may evidence of propensity be called in cases of deception?
Propensity evidence, whether on previous or later occasions to the offence charged, is admissible in cases where there is sufficiently strong connection between the offences
Relevant to specific offences with a discernable methodology or pattern
Persistent dishonesty across the board would not in itself bring the propensity rule into play
Police investigating fraudulent use of credit cards or cheques must conduct enquiries with the bank domiciled. List the information an investigator must obtain from the bank accounts manager
In all cases contact the accounts manager at the bank where the account is domiciled and find out :
- the account holders full name, occupation, private and business addresses and telephone numbers
- the date the account was opened
- the account history and how it has been operated
- the date the card was reported missing
- how and by whom a loss was reported
- the serial numbers of any missing cheques
- details of any cheques dishonored and returned
- whether the account holder is suspected of issuing valueless cheques
Note: Also find out if there are other banks to which cheques have been returned and, if possible, details of the people and firms defrauded.
What two points were made in the case R v Harney / Cameron v R in relation to recklessness
Cameron v R
Recklessness is established if:
a) the defendant recognised that there was a real possibility that :
I) his or her actions would bring about the proscribed result
Or
Ii) that the proscribed circumstances existed
AND
B) having regard to that risk those actions were unreasonable.
When interviewing a victim who alleges they have been defrauded, what two important questions should be asked by the investigator
- That the false representation was believed and,
2. That it was the consequence of that belief that the victim parted with his or her money
What are the essential ingredients of the forgery offences as set out in 256(1) CA 61
Everyone 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, pecuniary advantage, benefit, or valuable consideration
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.
- The account number and date it was opened
- The nature and amount of the first deposit
- Details of any other deposits
- The details used when the account was opened
- Descriptions of the suspect and any of their associates at the time
- 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.
- The serial numbers of the cheques supplied
- Details of the dishonored cheques and the people or firms defrauded.
