Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

DDP - Modules > Deception > Flashcards

Deception Flashcards

(60 cards)

Start Studying
1
Q

228(1)(a)

A

Dishonestly takes a document

Dishonestly
Without Claim of Right
Takes or Obtains
Any Document

With intent to obtain any property, service, pecuniary advantage or valuable consideration,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

228(1)(b)

A

Dishonestly uses a document

Dishonestly
Without claim of right
Uses or attempts to use
Any document
With intent to obtain any property, service, pecuniary advantage or valuable consideration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

240(1)(a)

A

Obtaining by deception

By any deception
Without claim of right
Obtains
Ownership or possession of or control over
Any property
Privledge
Service
Pecuniary advantage
Benefit
Valuable Consideration

Directly or indirectly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

240(1)(b)

A

Obtaining by deception

By any deception
Without claim of right
In incurring any Debt or Liability
Obtains credit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

240(1)(c)

A

By any deception
Without claim of Right
Induces or cause any other person to deliver over, execute, make, accept, endorse, destroy or alter
Any document or thing capable of being used to derive a pecuniary advantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

240(1)(d)

A

By deception
Without claim of right
Causes loss to any other person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

S240(1A)

A

Without reasonable excuse
Sells, transfers or makes available
Any document or any thing capable of being used to derive a pecuniary advantage
Knowing
That by deception and without claim of right
The document/thing
Was delivered, executed, made, accepted, endorsed or altered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Service CL

A

R v Cara

Service is limited to financial or economical value and excludes privileges or benefits

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Pecuniary advantage CL

A

Hayes v R

A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of the advantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Valuable consideration

A

Money or moneys worth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Dishonestly

A

Without a belief that there was expressed or implied consent or authority (from a person entitled to give consent/authority)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Dishonestly CL

A

Hayes v R
The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence of the issues of whether the belief was actually held

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Taking

A

When the offender moves or causes the property to be moved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Document & CL

A

Defined under 217

R v Misic

Essentially a document is a thing which provides evidence or information or serves as a record

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Uses CL

A

Hayes v R

An unsuccessful use of a document is as much a use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not the ultimate obtaining of a pecuniary advantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

240(2)(a)

A

Deception

  • a false representation whether orally, documentary or by conduct
  • person making representation intends to deceive any other person and
  • knows that it is false in material
    Is reckless to whether it is false in material.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

240(2)(b)

A

An omission to disclose a material particular

With intent to deceive any person

In circumstances where there is a duty to disclose it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

240(2)(c)

A

A fraudulent device, trick or stratagem used with intent to deceive any person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

False representation

A

Falsity of representation must be proved.

Each misrepresentation should be included in a separate count

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Deception: what must be proved

A
  • intent to deceive
  • there was a representation
  • the representation was false
    The defendant either knew
  • it was false
  • was reckless to whether it was false
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Intention to Deceive CL

A

R v Morley

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Representation CL

A

R v Morley
Representation must relate to a statement of existing fact, rather than a statement of future intention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Knowledge

A

Knowing or correctly believing

Can be established by
- an admission
- implications from the circumstances
- propensity evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Omission

A

Inaction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Duty to disclose
Some material particular that was not disclosed by the defendant ( duty to disclose may originate from civil law)
26
Device
A plan, scheme or trick
27
Trick
An action or scheme undertaken to fool, outwit or deceive
28
Stratagem
A cunning plan or scheme especially for deceiving an enemy or trickery
29
Liability
A legally enforceable financial obligation to pay (such as cost of a meal)
30
Credit
The obligation on the debtor to pay or repay, and the time given for them to do so
31
Credit CL
Fisher v Raven Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods
32
Timing of deception CL
R v McKay On appeal it was held the credit had been obtained on booking in but at that time the accused did not possess an intent to deceive
33
R v Laverty
It is necessary for the prosecution to prove that the person parting with the property was induced to do by the false representation made.
34
Deliver over, execute, make, accept, endorse, destroy or alter
Deliver over - surrender up someone or something Execute - to put a course of action into effect Endorse - to write or sign on a document Alter - to change in character or composition, typically in a comparatively small but significant way Accept - to receive something
35
Penalties for deception S241
Over $1000 = 7 years $500-$1000 = 1 year Less than $500 = 3 months
36
Title
Right or claim to ownership of property
37
Title - sale by person who is not owner
Section 149, contract and commercial law Goods sold by people who are not the owner and without the owners consent do not get title unless the seller has authority (e.g warrant)
38
Voidable title
151 contract and commercial law act 2017 Applies if - seller of goods has a voidable title to the good - the seller’s title has not become void at the time of the sale - buyer acquires a good title if he buys the goods in good faith
39
Propensity
A persons propensity to act in a particular way or have a particular state of mind
40
Probative value- propensity Judge may consider
- frequency of previous acts - connection in time between the acts - the extent of similarity between the acts - number of persons making allegations - whether the allegations may be a result of collusion or suggestibility
41
Propensity- judge must consider when assessing prejudicial effect
- the evidence is likely to unfairly predispose the fact finder against the defendant - whether the fact finder will tend to give disproportionate weight in reaching a verdict to evidence of other acts or omissions
42
Difference between theft and deception
Possession and ownership Theft never obtain ownership
43
S220- theft in a special relationship
The defendant has intentionally - failed to account to any other person for property received by the defendant - failed to account to any other person for the proceeds of property received by the defendant - dealt with the property received by the defendant otherwise than the requirements of some other person - dealt with the proceeds of the property received by the defendant otherwise in accordance with the requirements of some other person
44
Mental elements of S220
Must know that the acquisition of the property was on terms which require the defendant to account for the property or its proceeds or deal with the property or its proceeds in accordance with the direction of another person The defendant intentionally departed from his or her obligations
45
Document - S217 CA1965
(a)paper …… marked with material capable of being read (b) photograph ….,… things similar to (c) disc, tape, ……card on which information, sounds, data recorded or stored as to be capable of being reproduced with or without some other equipment (d)any material by means of which information is supplied
46
Forgery S256
(1) Makes a false document With intent to use it to obtain Any property, privilege, service or pecuniary advantage (2) Makes a false document With the intent that it in any way be used or acted upon Whether in NZ or elsewhere as genuine
47
False document alterations
- additions - insertions - deletions - obliterations -erasures - removal of material or otherwise
48
Forgery Intent
Knowing the document was false - intended to use the document to obtain - intended to use the document or that the document be acted on as if it was genuine
49
Forgery complete
As soon as document is made (Even if the false document isn’t complete (lacking signatures))
50
Forgery vs altering
Forgery- intent to deceive only required Altering, concealing, destroying or reproducing a document you must prove that the offender intended to obtain by deception
51
Uses an altered document - mental
Must know - document has been altered with intent to deceive - intended to obtain any property, privilege, service or pecuniary advantage - must be an intention to acquire or retain the property etc
52
Access
Instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system
53
Authorisation
Includes an authorisation conferred on a person by, or under an enactment or a rule of law or by an order of a court or judicial process
54
249(1) accessing a computer system for dishonest purpose
Dishonestly or by deception Without claim of right Directly or indirectly Accesses any computer system thereby (a) obtaining any property, privilege, service, pecuniary advantage or valuable consideration (b) causes loss to any other person (2) as above but intent
55
249(1) vs 249(2)
(1) obtains the benefit/ causes the loss (2) has the intent (but may not get the result
56
Computer system
(i) A computer (I) 2 or more interconnected computers (iii) any communication links between computers or to remote terminals or another device (iiii) 2 or more computers combined with above includes all processing, storage, software or communication facilities or stored data
57
250(1) Damaging or Intefering with a computer system
Intentionally or recklessly Destroys, damages or alters Any computer system If he or she knows or ought to know that danger to life is likely to result
58
250(2) damaging or interfering with a computer system
- makes the offence to damage any computer system (relate to data or software) - must act without authority and have knowledge they are not authorised (or are reckless to the fact) (b) relates to when the defendant makes the victim cause the reaction e.g activating a virus
59
252 accessing a computer system without authority
Intentionally accesses Directly or indirectly Any computer system Without authorisation Knowing that he or she is not authorised to access that computer system
60
False Document
Whole or any material part purports to be made by any person who did not make it

DDP - Modules (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions