Short Answers

Question 1

1. What is meant by the terms referred to in s240(1)(b), C.A 1961 - Debt & Liability?

Answer 1

Debt – money owing from one person to another

Liability – legally enforceable financial obligation to pay

Question 2

2. Where a person is induced to part with goods, by deception, what are 2 steps they could take to avoid the offenders title?

Answer 2

1. Advising the offender by letter or in person that they are aware of the deception
2. If they cannot contact the offender issue a public notice
3. Make a complaint to Police about the deception

Question 3

3. To successfully prosecute a person on a charge of using an altered or reproduced a document with intent to deceive, under s259, C.A 1961, name 3 mental elements you must prove?

Answer 3

1. The Defendant must know the relevant matters relating to the document in question is, that the document had been altered with intent to deceive.
2. The Defendant must intend employ the document or cause another to use or rely on it to obtain by deception, any property, privilege, service, benefit, pecuniary advantage, valuable consideration or cause loss to any other person, intention to retain the property will suffice.
3. There must be an intention to acquire or retain the property or to cause loss by deception.

Question 4

4. How is the term representation interpreted (not defined) by the Courts. State the case law.

Answer 4

This is not defined. Examples have included representations about the past or present fact, about a future event or an existing intention, opinion, belief, knowledge, or other state of mind. It must be capable of being false so it must contain a proposition of fact. SIMESTER and BROOKBANKS

Question 5

5. An offender knowingly presents to the retailer an item with 2 price tags for different amounts aware the higher amount is the correct price, he shows the lower price to the check out operator and obtains the lower price. He is apprehended 2 days later for this offence.
   (a) What offence is committed?
   (b) Who has title to the item?

Answer 5

(a) Obtains property by Deception

(b) The offender although the title is a voidable title.

Question 6

6. 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?

Answer 6

A material particular is a detail or an item that is important, essential or relevant to a case no matter how big or small.

Question 7

7. Investigations into company fraud complaints will usually involve enquiries with the Ministry of Business. State 4 other possible sources there?

Answer 7

• Registrar of Companies.
• Companies Office.
• Official assignee.
• Insolvency Services.

Question 8

8. What knowledge must an Accused person have to be liable for making a false representation?

Answer 8

Must be false and The Defendant must know or believe that;
it is false in a material particular, or
reckless to whether it is false.
Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice.

Question 9

How can knowledge be established?

Answer 9

• an admission
• implication from the circumstances surrounding the event
• propensity evidence

Question 10

9. The term computer system is defined in s248, C.A 1961. What is the definition?

Answer 10

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

Question 11

10. Propensity evidence maybe relevant in some deception cases. When may evidence of propensity be called in cases of deception?

Answer 11

Propensity evidence, whether on previous or later occasions to the offence charged, is admissible in cases of deception where there is a sufficiently strong connection between the offences.

Question 12

1. What are the 2 main points held in the case R v HARNEY in relation to recklessness?

Answer 12

Foresight of Dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk

Question 13

2. An offender hires a drill from the shop using false details, the drill is found at his home some months later and he claims he was going to return it but didn’t get around to it. What is the most appropriate offence?

Answer 13

Obtains by deception 240(1)(a) CA 61
First, the defendant knew that the property was subject to terms or requirements which require the defendant to account for the property in accordance with the direction of another person.
Secondly, the defendant intentionally departed from his obligation which makes him liable.

Question 14

3. Paul is a director of a small company installing windows for domestic property owners. He has a large backlog of jobs to complete due to manufacturing delays by his suppliers in making the windows. His financial situation deteriorates and he continues to receive deposits from his bills. Paul thinks he can trade his way out of the financial difficulty. Is Paul criminally liable for deception? Explain?

Answer 14

Paul is not liable for Deception, he has not deceive his clients, he has received their deposits for work that is delayed due to a fault with the Manufacture, his is using the money to get his business out of financial difficulty.

Question 15

4. What are the essential ingredients of forgery as set out in s256(1), C.A 1961?

Answer 15

Forgery
Section 256, Crimes Act 1961
10 years
(1) Every one who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.

Question 16

5. Apart from false representation, what matters would constitute a deception as defined under s240(2), C.A 1961?

Answer 16

(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
(c) a fraudulent device, trick, or stratagem used with the intent to deceive any person

Question 17

6. When interviewing an complainant who alleges they have been defrauded (stolen credit card or cheque), what 2 questions should be asked by the investigator?

Answer 17

• the identity used by the offender

* obtain descriptions of the offender, the property obtained and the vehicle used.

Question 18

7. What is the definition of deception in 240(2)?

Answer 18

(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
(ii) is reckless as to whether it is false in a material particular; or
(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
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 19

8. What are the essential ingredients of s228, C.A 1961, Takes or Using a Document?

Answer 19

s228 CA 61
7 years,
with intent to obtain any property, service, pecuniary advantage, or valuable consideration
dishonestly
without claim of right
(a) takes or obtains any document; or
(b) uses or attempts to use any document.

Question 20

9. What was held in R v Morley relating to s240(2) in relation to intention to deceive?

Answer 20

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

Question 21

10. You are investigating a series of cheque fraud where an account has been opened and a cheque book obtained using fictitious details. Apart from the normal bank enquiries in relation to cheque offences, list 4 possible enquiries you should make regarding the offender opening the account with the bank.

Answer 21

• the account number and the 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 dishonoured cheques and the people or firms defrauded.

Question 22

11. What are the ingredients of Obtaining Credit By Deception – s240(1)(b), C.A1961?

Answer 22

s240(1)(b), CA 61
7 yrs,1 yr,3months
.1 By any deception
.2 Without claim of right
.3 in incurring any debt Or Liability
.4 Obtains credit

Question 23

1. In relation to s240(2), C.A 1961, besides making a false representation orally, what other ways can a false representation be made?

Answer 23

Documentary, conduct, omission, fraudulent device, trick or stratagem

Question 24

2. What is the definition of Obtains as per s217, C.A 1961?

Answer 24

To obtain or retain for self or other

Question 25

3. What is held in R v HAYES regarding pecuniary advantage?

Answer 25

Pecuniary advantage is, anything the enhances the accused financial position, it is that enhancement which constitutes the element of advantage.

Question 26

4. What are the two core elements when it comes to an offence under s220, theft by a person in a special relationship?

Answer 26

(a) that he or she have received property on terms or in circumstances which, to the defendant’s knowledge, affect what the accused may do with the property or its proceeds or require the defendant to act in accordance with the requirements of another person, and
(b) that the defendant intentionally departed from the relevant obligation.

Question 27

5. What is the difference between forgery and reproduction of a document?

Answer 27

With forgery, it requires only an intent to deceive, not an intent to obtain by deception.

In the offence of altering, concealing, destroying, or reproducing a document, you must prove that the offender intended to obtain by deception.

Question 28

6. Define Claim of Rights – s2, C.A 1961?

Answer 28

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 other matter of law other than the enactment against which the offence is alleged to have been committed.

Question 29

7. Define the term ‘access’ under s248 – Computer Systems?

Answer 29

‘Access’ in relation to any 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

Question 30

8. Define property – s2, C.A 1961?

Answer 30

Includes any real or personal property, and any estate or interest in any real or personal property or money, electricity or any debt, or anything in action or any other right or interest.

Question 31

9. Define credit as per FISHER v RAVEN?

Answer 31

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: