TA MC Flashcards
Roberts car is in the local garage having been repaired. Robert could not afford to pay for the repair before getting the car back. Knowing that he doesn’t have the funds in his account to cover the cost of the repairs, he hands over a cheque to the repairer and received the car in return. He drives home
Robert has stolen the vehicle as someone else has a special property or interest in it.
Claim of right in relation to any act means:
A belief at the time of the act in a proprietary right in property
To prove a charge of theft by a person in a special relationship under section 220(1), it is necessary to prove that the person knew they had to:
Account to any other person for the property, or for any proceeds arising from the property
The case R v Morley (2009) NZCA 618 discussed the matter of loss in relation to s240(1)(d) CA1961 (Causing loss by deception). Which statement best describes what was held in this matter.
The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception
Brown booked into a motel and on checking in he offered to pay in advance. He was told that he could pay the account in the morning. He left early without checking out or paying. What is Browns liability?
No offence committed.
For a charge under section 240(1)(b) CA1961 (Obtaining by be?
The obligation to repay must be a legally enforceable one
A fraudulent device, trick or stratagem used with intent to deceive any person must be:
Fraudulent and morally wrong
False document includes a document of which the whole or any material part purports to be made
By a person who did not authorise its making
and
By a fictitious person
The serious fraud office investigates serious and complex fraud complaints , An investigator from that office may only make an arrest of a fraud suspect:
Under no circumstances as the investigator does not have powers to arrest.
