TB SA Flashcards
What two points are made in case R v Harney in relation to recklessness
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
When interviewing a victim who alleges they have been defrauded, what two important questions should be asked by the investigator?
That the false representation was believed, and
That is was the consequence of that belief that the victim parted with his or her money
What are the essential ingredients of the forgery offences as set out in section 256(1) CA1961?
Everyone is liable to imprisonment for a term not exceeding 10 years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.
You are investigating a cheque fraud series where the account has been opened and a chequebook obtained using fictitious details. Apart from normal ban enquiries in relation to cheque offences, list four possible enquiries you should make regarding the offender opening the account with the bank.
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 suspects 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
The serial numbers of the cheques supplied
Details of the dishonoured cheques and the people or firms defrauded
What are the essential ingredients of section 228 CA1961 Taking or Using a document
Everyone is liable to imprisonment for a term not exceeding 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.
(b) Dishonestly and without claim of right, uses of attempts to use any document
Apart from a false representation what matters would constitute a deception as defined under section 240(2) CA1961
(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 is it 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, stratagem used with intent to deceive any person
An offender using a false name and address hires an electric drill from a local hire shop. the drill is found at his home some months later and he claims that he did intent to return it at some stage but didn’t get around to it.
(a) What is the most appropriate offence to charge the offender with?
(b) Who has title to the drill?
(a)
b
Set out the ingredients of the offence of obtaining credit by deception under section 240(1)9b) CA1961
(1) Everyone is guilty of obtaining by deception or causeing loss to by deception who;
by any deception and without claim of right
(b) In incurring any debt or liability, obtains credit.
What was held in R v morley as it relates to section 240(2) in relation to an intention to deceive
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist t the time of the deception
Paul is the 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 clients in order to pay his bills. Paul thinks he can trade his way out of financial difficulties. Is Paul criminally liable for deception? Explain your answer
.
