TB MC Flashcards
Both possession and title will pass on a bona fide or innocent purchaser:
When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title
In relation to the offence of obtaining credit by deception under section 240(1)(b) CA1961, which of the following statements is NOT correct?
a) A debt or liability must have been incurred at the time credit was obtained.
b) The debt or liability must be legally enforceable
c) Under the definition of obtain in s217 CA916, it is not sufficient that the accused obtained the extension of credit to another person
C is the answer
The case Hayes v R defined pecuniary advantage as:
Anything enhancing a persons financial position.
A person can only be charged under section 249(1) in relation to accessing a computer system for dishonest purpose when:
He/she actually obtained any property, or priviledge, service, pecuniary advantage, benefit or valuable consideration or loss to any other person
A senior executive of a company who is acting on behalf of the company commits a series of deceptions causing other companies to sustain financial loss, in these circumstances any criminal liability rests with:
a) Both the senior executive and the company as the actions of the executive are said to be the actions and state of mind of the company.
b) The senior executive only as the state of mind of the offending was his alone.
c) The company only as the actions benefited the company.
Find out answer
The term credit means
a) Credit obtained for a third person
b) All transactions where goods are obtained using a credit card
c) An obligation to pay or repay with time in which to pay
C is the answer
What was held in R v Crooks in relation to knowledge
The accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge
A person can be said to have control of a thing if
It is proved that the accused did in fact exercise some control over the thing.
For propensity evidence to be admissible the ultimate issue is
The degree to which the probative value of the evidence outweighs the prejudicial effect
The term valuable consideration means that a person can:
a) Obtain a special right or advantage
b) Obtaining anything capable of being a valuable consideration, whether of a monetary kind or any other kind
c) Receive something that enhances their financial position
Check but pretty sure it is B
