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Deception > Short Answers > Flashcards

Short Answers Flashcards

1
Q
  1. What 2 points made in R v Harney: Recklessness
A

Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk

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2
Q
  1. When interviewing victim defrauded what 2 questions ask?
A
  • Ask what identity used by the offender and descriptions and property obtained
  • What the false representations and inducements that were made to them were
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3
Q
  1. Ingredients forgery offences set out 256(1) CA 61?
A

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 OR priviledge OR service OR pencunairy advantage OR benefit OR valuable consideration
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4
Q
  1. Four enquiries to make regarding offender opening acct with bank for chq fraud?
A
  • The account number and date it was opened
  • The nature and amount of first deposits
  • The details used when the account was opened
  • Descriptions of the suspect and any of their associates at the time
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5
Q
  1. Ingrediants of 228 CA ‘61 ­ taking or using documents?
A
  • With intent to obtain
  • Any property OR service OR pecuniary advantage OR valuable consideration
  • Dishonestly AND
  • Without claim of right
    • (a) Takes OR Obtains any document
    • (b) Uses OR Attempts to use any document
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6
Q
  1. Apart from false representation what else constitutes deception as defined 240(2)?
A

240(2)(b)

  • An omission to disclose a material particular with intent to deceive any person in circumstances where there is a duty to disclose it;

OR

240(2)(c)

  • a fraudulent device, trick or stratagem used with intent to deceive any person
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7
Q
  1. Offender uses false name and address to hire drill. Found at his home months later, claims was going to return it at some stage, what appropriate charge and who has title?
A

Obtaining ownership, possession or control by deception 240 (1)(a) CA 61

  • By any deception AND
  • Without claim of right
  • Obtains ownership OR Possession OR control over
  • Any Property OR any Privilege OR Service OR Pecuniary advantage OR Benefit OR Valuable consideration
  • Directly OR Indirectly
  • offender has no title as goods were not passed on, possession only
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8
Q
  1. Ingrediants obtain credit by deception, 240(1)(b)?
A

Everyone is guilty of obtaining by deception OR causing loss by deception who:

  • By any deception AND
  • Without claim of right
  • In incurring any debt OR liability
  • Obtains credit
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9
Q
  1. What was held in R v Morley as relates to 240(2) CA 61 ­ - intention to deceive?
A

An intention to deceive requires that the deception is practised in order to decieve the affected party. Purposeful intent is necessary and must exist at the time of the deception

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10
Q
  1. Paul takes deposits for work can’t complete to pay bills. Is he liable for deception, explain answer?
A

Obtaining by deception OR Causing Loss by deception s240(1)(a) CA 61

  • An ommision to disclose [s240(2)(b)] a material particular
  • With intent to deceive any person
  • In circumstances where there is a duty to disclose it

Paul is liable for deception as he omits to tell clients about a material particular (his situation and back log of jobs and financial situation) he deceives them by continuing to collect deposits anyway. As he is promising a service for the deposits he is collecting so he is duty bound to disclose the information about what state his business is in.

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11
Q
  1. What is meant by the terms Debt and Liablity:
A
  • Debt = ­ means money owing from one person to another
  • Liability = ­ legally enforceable financial obligation to pay, such as the cost of a meal
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12
Q
  1. Where person induced to part with goods, what 2 steps can take to avoid title being transfered to deceivers?
A
  • Communicate to the deceiver. Taking all possible steps to bring it to their attention (eg in writting, text, phone etc)
  • By advising Police the property has been obtained by deception
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13
Q
  1. 3 elements must prove under 259 CA 61 (using altered docs)
A
  • Must know the relevant matters ­ ie documents were altered with intent
  • Must have intended to obtain by deception any property OR privilege OR service OR pecuniary advantage OR benefit OR valuable consideration
  • Must be an intention to acquire/retain the property etc OR to cause loss ‘by deception’
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14
Q
  1. How is term ‘representation’ interpreted, state case law?
A
  • Representation is a statement made by way of allegation or to convey opinion
  • It can be made orally, by documents or conduct but must contain a proposition of fact.

R v Morley states “representations must relate to a statement of existing fact rather than statement of future intention”

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15
Q
  1. Offender presents item with 2 different price tags, shows lower amount, what offence, who has title:
A

Obtained Property by Deception 240(1)(a) CA 61

Everyone is guilty of obtaing by deception OR causing loss by deception who:

  • By any deception AND
  • Without claim of right
  • Obtains ownership/possession of OR control over
  • Any property OR any privilege OR service OR percuniary advantage OR benefit OR valuable consideration
  • Directly OR Indirectly
  • Offender has voidable title until store voids and they then get good title back
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16
Q
  1. State understanding of ‘false in a material particular’:
A
  • Representation must be false in a material particular which is false in a matter that is important OR
  • consequence to the facts of the case. It is an important, essential or relevant item or detail
17
Q
  1. 4 possible sources with the MBIE:
A
  • Registrar of Companies
  • Companies Office
  • Official Assignees
  • Insolvency Services
18
Q
  1. What knowledge must have to be liable and how is it established?
A
  • Must know that the representation was false in a material particular

OR

  • reckless as to its falsity, established by an admission, implication from circumstances surrounding event, propensity evidence (Absolute certainty not required)
19
Q
  1. Definition of a **computer system ** s248 CA 61
A

computer system

(a) 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 para (a) and all related input, output, processing, storage, software or communication facilities and stored data

20
Q
  1. When may propensity evidence be called in cases of deception:
A
  • Propensity evidence can only be offered if the evidence has a probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant
  • May be called in cases where there is a sufficiently strong connection between the offences.

eg. evidence other cheques drawn by defendant dishonored when subject matter of charge drawn by another cheque and therefore directly relevant to the defendants state of mind (intent) when he or she issued it

21
Q
  1. Besides being made orally, what other ways can false representation be made?

What is the definition of deception?

A
  • Documentary
  • Conduct

s240 (2)

Decption means:

(a) A false representation whether oral, documentary or by conduct, where the person making the representation intends to decieve any other person AND
(i) knows that it is false in a material particular OR
(ii) is reckless as to whether it is false in a material particular OR
(b) An ommission to disclose aa material particular with an intent to deceive any person in circumstances where there is a duty to disclose it OR
(c) A fraudulent device, trick or stratagem used with intent to deceive any person

22
Q
  1. Definition of obtain, sec 217 CA 61
A

In relation to any person means to obtain or retain for himself or herself or for any other person

23
Q
  1. In R v Hayes what was held in relation to pecuniary advantage:
A

Pecuniary advantage is ‘anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage’.

24
Q
  1. What are the 2 core elements of proof required in s220 CA 61 - Theft by Person in Special Relationship?
A
  • (a) That he/she received property on terms or in circumstances which to the defendants knowledge, affect what the accused may do with the property or its proceeds or require the defendant to act in accordance with the requirement of another person; AND
  • (b) that the defendant intentionally departed from the relevant obligation
25
Q
  1. Difference between forgery and altering/reproducing of a document:
A

Rests in varying definitions of ‘document’ and ‘intent’

Forgery:

  • an intent to deceive only is required AND
  • must be a false document as defined in sec 255 CA 61

Altering a document:

  • must prove that the offender intended to obtain by deception and can be any document
26
Q
  1. Define claim of right?
A

Claim of right - s2 CA 61

Claim of right in relation to any act means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

27
Q
  1. Define access when it comes to computer offences?
A

The term access in relation to computer system means instruct, communicate with, store data in, receive data from or otherwise make use of any of the resources of the computer system

28
Q
  1. Define property?
A

Property s2 CA 61

Property includes any real and personal property and any estate or interest in any real or personal property, money, electricity and any debt or any thing in action or any other right or interest

29
Q
  1. Define credit as per Fisher v Raven?
A

Fisher v Raven

Credit refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods.

30
Q
  1. Define False representation under 240(2) CA 61
A

s240(2) CA 61

(2)

  • (a) A false representation whether oral, documentary or by conduct where the person making the representation intends to deceive any other person AND
    • (i) knows that it is false in a material particular OR
    • is reckless as to whether it is false in a material particular OR
  • an omission to disclose a material particular with intent to deceive any person in circumstances where there is a duty to disclose it; OR
  • a fraudulent device, trick or stratagem used with intent to deceive any person

Deception (6 decks)

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