Statutes -Deception, association, attempts etc

Question 1

Section 228 (1)(a) CA 1961

Answer 1

(1) 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,
(a) dishonestly and without claim of right, takes or obtains any document;

Question 2

Section 240 (1)(a) CA 1961

Answer 2

(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,-
(a) obtains ownership or possession of, or Control over, any Property, or any Priviledge, Pecuniary advantage, Service, Benefit, or Valuable Consideration, directly or indirectly;

Question 3

Section 228 (1)(b) CA 1961

Answer 3

(1) 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,
(b) dishonestly and without claim of right, uses or attempts to use any document.

Question 4

Section 240 (1)(b) CA 1961

Answer 4

(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,-
(b) in incurring any debt or liability, obtains credit; or

Question 5

Section 240 (1)(c) CA 1961

Answer 5

(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,-
(c) Induces or Causes any other person to (MADE) Make, Alter, Accept, Deliver over, Destroy, Execute or Endorse any document or thing capable of being used to derive a Pecuniary Advantage; or

Question 6

Section 240 (1)(d) CA 1961

Answer 6

(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,-
(d) causes loss to any other person

Question 7

Section 240 (1A) CA 1961

Answer 7

3 years who:

• Without reasonable excuse
• Sells, Transfers, or otherwise makes available any document or thing capable of being used to derive a pecuniary advantage knowing that,
• by deception and
• without claim of right
• the document or thing was, or was caused to be,
• Made, Altered, Accepted, Delivered, Executed or Endorsed.

Question 8

Section 240 (2)(a) CA 1961

Answer 8

Deception 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

Question 9

Section 240 (2)(b)

Answer 9

Deception means:

(b) an omission to disclose a material particular, with intent to decieve any person, in circumstances where there is a duty to disclose it; or

Question 10

Section 240 (2)(c) CA 1961

Answer 10

Deception means:

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

Question 11

Differences between 249 (1) & 249 (2) Crimes Act 1961

Answer 11

1 - is directed at the situation where a person has actually accessed a computer system, obtains the offending material or causes loss to any person.

2 - is directed at someone who actually accesses the computer system with that intent regardless of the result

Question 12

Forgery

Section 256 (2) Crimes Act 1961

Answer 12

(2) 3 years who:

• Makes a false document
• Knowing it to be false
• With the intent that in any way be
• used or acted upon
• whether in NZ or elsewhere
• as genuine

Question 13

Forgery

Section 256 (1) Crimes Act 1961

Answer 13

10years who:

• Makes a false document
• With the intention of using it
• to obtain any Benefit; Property; Privilege; Pecuniary Advantage; Service or valuable consideration

Question 14

Section 255 (a) Crimes Act 1961

False Document definition

Answer 14

means a document:

(a)

• of which the whole or any material part purports to be made
• by any person who did not make it, or
• by a fictitious person

Question 15

Section 255 (b) Crimes Act 1961

False Document definition

Answer 15

means a document:

(b)

• of which the whole or any material part purports to be made
• by or on behalf of any person
• who did not authorise its making, or
• on behalf of a fictitious person

Question 16

Section 255 (c) Crimes Act 1961

False Document definition

Answer 16

means a document-

(c)

• of which the whole or any material part has been altered whether by:
• Addition, Insertion, Deletion, Obliteration, Erasure, Removal or Otherwise
• and that purports to have been altered by or on behalf of a person
• who did not alter it or authorise its alteration, or
• by or on behalf of a fictitious person

Question 17

Section 255 (d) Crimes Act 1961

False Document definition

Answer 17

means a document-

(d)

• that is, in whole or in part,
• a reproduction of any other document
• and that purports to have been made by or on behalf
• of a person who did not make it or authorise its making,
• or by or on behalf of a fictitious person

Question 18

Section 255 (e) Crimes Act 1961

False Document definition

Answer 18

means a document-

(e)

• that is made in the name of a person
• either by that person or by that persons authority
• with the intention that it should pass as being made by
• some other person who did not make it or,
• by a fictitious person

Question 19

Section 257 (1) Crimes Act 1961

Using forged documents

Answer 19

(1) 10 years who, knowing a document to be forged:
(a) uses the document to obtain any Property, Privilege, Pecuniary Advantage, Benefit, Service or Valuable Consideration; or
(b) uses, deals with or acts upon the document as if it were genuine; or
(c) causes any other person to use, deal with, or act upon it as if it were genuine.

Question 20

Section 258 (1)(a) Crimes Act 1961

Altering, concealing, destroying or reporducing documents with intent to decieve

Answer 20

(1) 10 years who:

• With intent to obtain by deception any
• Property, Privilege, Pecuniary Advantage, Benefit, Service, or Valuable Consideration,
• or to cause loss to any person-

(a) Alters, Conceals, or Destroys any document, or

Ccauses any document to be Altered, concealed or Destroyed; or

Question 21

Section 258 (1)(b) Crimes Act 1961

Altering, concealing, destroying or reporducing documents with intent to decieve

Answer 21

(1) 10 years who:

With intent to obtain by deception any

Property, Privilege, Pecuniary Advantage, Benefit, Service, or Valuable Consideration,

or to cause loss to any person-

(b) makes a document or causes a document to be made that is

in whole or in part, a reproduction of any document

Question 22

Penalities for Attempts

Answer 22

S311(1) CA61

Life imprisonment charge - 10 Years Imp
Any other penalty - half the penalty

Question 23

Liability - Recieving

Answer 23

• Recieves
• [Sec 246(3); R v COX; Cullen v R; Rv Donnelly]*
• Any property stolen or obtained by any other crime
• [Sec 2 CA; R v Lucinsky; Sec 219(4); Anderson v Police; Sec 49 E]*
• Knowing the property to be stolen or so obtained,

OR

Being reckless wether or not the property had been stolen or so obtained

[Simester & Broobanks; R v Kennedy; R v Harney; R v Crooks]

Question 24

Liability - Accessory After the Fact

Answer 24

Section 71(1) CA 1961

​1- Knowing any person to be party to an offence

[Rv Crooks; Rv Briggs; 2 Points to prove in K; Sec 66(1); R v Mane]

2- Recieves, Comforts or assists that person, or

Tampers with or actively suppressors any evidence

[Definitions; R v Levy; Rv Reddy]

3- In order to enable him of her to escape after arrest or avoid arest or conviction

Question 25

Liability - Conspiracy

Question 26

Liability Attempts

Question 27

Accessory After the Fact

Points to prove

Answer 27

• That the person (person A), who is received, comforted or assisted by the accessory (person B) is a party (principal or secondary party) to an offence that has been committed.
• That, at the time of receiving, comforting or assisting that person (person A), the accessory (person B) knows that person (person A) was a party to the offence.
• That the accessory (person B) received, comforted or assisted that person (person A) or tampered with or actively suppressed any evidence against that person (person A).
• That, at the time of the receiving, comforting or assisting etc, the accessory’s (person B) purpose was to enable that person (person A) to escape after arrest or to avoid arrest or conviction.

Question 28

Accessory After the Fact

Indirect Assistance

Answer 28

There is no requirement that the offender (person A) is directly assisted by the accessory (person B).

Example:
Person A commits an offence and is assisted directly by another accessory (person C). Person B assists person C directly, but does not directly assist person A. Despite this distance, person B is still an accessory after the fact to person A.

Question 29

Elements of an Attempt

Answer 29

Elements of an attempt

• identity of the suspect
• intent (mens rea) – to commit an offence
• act (actus reus) – that they did, or omitted to do, something to achieve that end
• proximity – that their act or ommission was sufficiently close

All three must be present, must be legally possible but can be physically impossible

Question 30

Liability - Perjury

Question 31

Fabricating Evidence

Answer 31

Everyone is liable to imprisonment for a term not exceeding 7 years who,

• with intent to mislead
• any tribunal holding any judicial proceeding
• to which section 108 applies,
• fabricates evidence by any means other than perjury.