Statutes -Deception, association, attempts etc Flashcards
Section 228 (1)(a) CA 1961
(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;
Section 240 (1)(a) CA 1961
(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;
Section 228 (1)(b) CA 1961
(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.
Section 240 (1)(b) CA 1961
(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
Section 240 (1)(c) CA 1961
(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
Section 240 (1)(d) CA 1961
(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
Section 240 (1A) CA 1961
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.
Section 240 (2)(a) CA 1961
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
Section 240 (2)(b)
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
Section 240 (2)(c) CA 1961
Deception means:
(c) a fraudulent device, trick, or stratagem used with intent to decieve any person.
Differences between 249 (1) & 249 (2) Crimes Act 1961
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
Forgery
Section 256 (2) Crimes Act 1961
(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
Forgery
Section 256 (1) Crimes Act 1961
10years who:
- Makes a false document
- With the intention of using it
- to obtain any Benefit; Property; Privilege; Pecuniary Advantage; Service or valuable consideration
Section 255 (a) Crimes Act 1961
False Document definition
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
Section 255 (b) Crimes Act 1961
False Document definition
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
Section 255 (c) Crimes Act 1961
False Document definition
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
Section 255 (d) Crimes Act 1961
False Document definition
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
Section 255 (e) Crimes Act 1961
False Document definition
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
Section 257 (1) Crimes Act 1961
Using forged documents
(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.
Section 258 (1)(a) Crimes Act 1961
Altering, concealing, destroying or reporducing documents with intent to decieve
(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
Section 258 (1)(b) Crimes Act 1961
Altering, concealing, destroying or reporducing documents with intent to decieve
(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
Penalities for Attempts
S311(1) CA61
Life imprisonment charge - 10 Years Imp
Any other penalty - half the penalty
Liability - Recieving
- 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]
Liability - Accessory After the Fact
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
Liability - Conspiracy
Liability Attempts
Accessory After the Fact
Points to prove
- 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.
Accessory After the Fact
Indirect Assistance
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.
Elements of an Attempt
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
Liability - Perjury
Fabricating Evidence
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.