Short Answers Flashcards
To successfully prosecute a person on a charge of (using altered or reproduced documents with intent to deceive) under section 259 of the Crimes Act 1961, 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 that the employment of the document or by causing another to use or rely on it, to obtain by deception any PSPVCPB or cause loss to any other person.
There must be an intention to obtain the property etc or to cause loss by deception.
How can a person void title?
Make a claim in the small claims tribunal.
Report the deception to Police.
Take all steps to advise the offender that the title is void.
How is the term representation interpreted by the courts? Use case law.
Examples have included representations about:
- past or present fact
- future event
- existing intention
- opinion
- belief
- knowledge
- other state of mind.
Simester & Brookbanks,
It must be capable of being false so it must contain a proposition of fact.
Define a false material particular.
A material particular means an important, essential or relevant detail or item.
R v Mallet
A matter will be a material particular if it is something important or something that matters.
Investigation into company fraud complaints will involve enquiries with the ministry of commerce. State four possible sources available.
Registrar of companies.
Companies office.
Official assignee.
Insolvency services.
What knowledge must an accused person have to be liable for making a false representation?
How can this knowledge be proven?
a) The Accused must know or believe that it is false in a material particular, or be reckless as to whether it is false in a material particular.
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
State the definition of a computer system under section 248 of the Crimes Act 1961.
computer system means:
(i) A computer; or
(ii) 2 or more interconnected computers; or
(iii) Any communication links between computers 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.
When may propensity evidence be called in deception cases?
The prosecution may offer propensity evidence if the evidence has a probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence will have an unfairly prejudicial effect on the defendant.
Evidence showing a person has a propensity to act in a certain way or to have a particular state of mind may be admissible in a prosecution for causing loss by deception.
Propensity evidence may also be used to disprove a defence of mistake or innocent intention.
Police investigating the fraudulent use of credit cards or cheques must conduct enquires with the bank where the account is domiciled. List the information an investigator must obtain from the bank accounts manager
· The account holder’s 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 cheque book or credit card was reported missing
· How and by whom a loss was reported
· The serial numbers of any missing cheques
· Details of any cheques dishonoured 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.
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.
240(1)(a)
