Short Answer Questions

Question 1

What is debt?

Answer 1

Money owing from one person to another, e.g. a loan.

Question 2

When a senior executive of a company, acting on behalf of the company, commits an offence, is the company criminally liable or just the executive?

Answer 2

The company is the principal offender & the executive is liable as a party. The actions of the principal are said to be the actions & state of mind of the company.

Question 3

Is a company criminally liable for the actions of junior management or employees such as accountants?

Answer 3

No. Their actions are not attributed to the company.

Question 4

What is liability?

Answer 4

A legally enforceable financial obligation to pay, e.g. restaurant or hotel bills.

Question 5

What is title?

Answer 5

A legal right to property.

Question 6

What offence is committed where goods are obtained on hire purchase by a false representation?

Answer 6

Deception.

Question 7

What offence is committed when goods obtained on hire purchase by a false representation are later sold to another person?

Answer 7

Theft by conversion.

Question 8

Does an offender receive title to goods fraudulently obtained on hire purchase?

Answer 8

No they never receive title.

Question 9

In fraud matters, what two questions should you ask the informant to elicit information?

Answer 9

1. The identity used by the offender.

2. Description of the offender, property obtained & vehicle used.

Question 10

What type of fraud matters does the Serious Fraud Office (SFO) investigate?

Answer 10

1. Actual or potential loss in excess of $2 million.
2. Where the facts, law or evidence is of great complexity.
3. Public interest or concern.

Question 11

Does a person who incurs a debt through unforeseen circumstances & is unable to pay commit fraud?

Answer 11

No. Nor does a person who withholds payment because of genuine dissatisfaction with the service.

Question 12

What is a benefit?

Answer 12

A non-monetary advantage, e.g.

• invasion of another’s privacy.
• obtaining another’s internet password.
• accessing email communications.
• obtaining info or knowledge that may be used to exploit or embarrass another.
• a benefit on sentencing.

Question 13

What three ways can a false representation be communicated?

Answer 13

Oral, documentary or by conduct.

Question 14

What is the difference between Sec.249(1) & (2) C.A.61 - Accessing Computer System for Dishonest Purpose?

Answer 14

249(1) “Thereby” - the person has accessed any computer system & has obtained….or caused loss.
249(2) “With Intent” - the person has accessed any computer system, with intent to obtain…..or to cause loss…, regardless of the result.

Question 15

How can you avoid title?

Answer 15

1. Communicating directly with the deceiver.
2. Bringing it to the deceiver’s notice by letter, text, phone, public notice.
3. Advising the police of the deception.

Question 16

Sec.43(1) Evidence Act 2006.

When can propensity evidence be offered about a defendant in a criminal proceeding?

Answer 16

When the probative value outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant.

Question 17

What does Induce mean?

Answer 17

To persuade, bring about or give rise to.

Question 18

What is a Material Particular?

Answer 18

It is an important, essential or relevant detail or item. A minor detail may amount to a material particular if it is of consequence to the facts of the case.

Question 19

When is propensity evidence admissible in cases of deception?

Answer 19

Where there is a sufficiently strong connection between the offences.

Question 20

Explain a situation when a person does not have to physically present at a computer to access it?

Answer 20

When they access it from a remote computer using infected software.

Question 21

Explain Obligation to Pay

Answer 21

An obligation on the debtor to pay or repay & the amount of time given for them to do so by the creditor.
Must be legally enforceable.