Deception

Question 1

What was held in R V HARNEY?

Answer 1

Foresight of dangerous consequences that could well occur together with intent to continue the course of conduct regardless of the risk

Question 2

John purchases property with a valueless cheque on Tuesday. John sells it to Mike the local pawn shop on wednesday, Mike sells it to Jane the same day. On thursday the valueless cheque is dishonoured and reported to Police. Who will have legal title of the property? Or who will take possession of the property?

Answer 2

Jane, because title voided after her genuine purchase

Question 3

What was held in R V MISIC?

Answer 3

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

Question 4

How can title be voided?

Answer 4

Communication with the person, the taking of all possible steps to bring it to notice eg writing a letter, text, phone call etc.
By advising Police the item was obtained by fraud.

Question 5

A person who has property on hire purchase has?

Answer 5

Possession only (until full amount paid)

Question 6

What is required to prove the inducement?

Answer 6

The false representation was believed and that it was the consequence of the belief that the victim parted with with his or her money

Question 7

What is valuable consideration?

Answer 7

Issuing a false invoice to receive payment for goods never supplied

Question 8

John finds a gym membership card for the local gym / swimming pool, its a hot day so John goes to the pool and uses the card to gain entry without paying. What is John’s liability and what has John obtained by using the membership?

Answer 8

240(1)(a) obtains by deception.

A pecuniary advantage

Question 9

Both possession and title will pass on to a bona fide or innocent purchaser?

Answer 9

When the property is brought by a third party from a person who obtained it by deception before the original owner voids the title

Question 10

A person can only be charged under S249(1) in relation to accessing a computer system for dishonest purpose when?

Answer 10

He/she actually obtained any property or privilege or service or pecuniary advantage, benefit, valuable consideration or loss to any person

Question 11

In relation to the offence of obtaining credit by deception under 240(1)1b) CA61 which is incorrect?

Answer 11

Under the definition of obtain in S217 CA61 it is not sufficient that the accussed obtained the extension of credit to another person

Question 12

HAYES V R defined pecuniary advantage as?

Answer 12

The pecuniary advantage is anything that enhances the accused position. It is that enhancement which constitutes the element of advantage

Question 13

A senior executive of a company who is acting on behalf of the company commits a series of deception causing other companies to sustain financial losses. In these circumstances any criminal liabilities result with?

Answer 13

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

Question 14

The term credit means?

Answer 14

Refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor

Question 15

What was held in R V CROOKS in relation to knowledge?

Answer 15

The accused may also be liable if their conduct has amounted to “wilful blindness” and thus equated to knowledge (conduct of the accused amounting to putting their head in the sand)

Question 16

A person can be said to be in control of a thing if?

Answer 16

It is proved that the accused did in fact exercise some control over the thing

Question 17

For propensity evidence to be admissible the ultimate issue is?

Answer 17

R V SHARMA the ultimate issue is the degree to which the probative value of the evidence outweighs the prejudicial effect

Question 18

The term valuable consideration means that a person?

Answer 18

HAYES V R a valuable consideration is “anything capable of being valuable” whether of a monetry kind or of any other kind; in short money or money’s worth

Question 19

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 does not have the funds in his account to cover the cost of repairs he hands over a cheque to the repairer and received the car in return. He drives home

Answer 19

Robert has obtained the car by deception as someone else has a special propriety or interest in it

Question 20

Claim of right in relation to any act means?

Answer 20

A belief at the time in a proprietry or possessory right in property

Question 21

Brown booked into a motel and on checking in he offered to pay in advance. He was told to pay the account in the morning. He left without checking out or paying. What is Browns liability?

Answer 21

R V McKAY on appeal it was held that the credit had been obtained on booking in but at that time the accused did not possess the intent to deceive. No offence committed

Question 22

For a charge under S240(1)(b) CA61 (obtaining credit by deception) the obligation to repay means?

Answer 22

The obligation to repay must be a legally enforceable one

Question 23

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

Answer 23

Fraudulent, meaning dishonest in the traditional sense

Question 24

False documents includes a document of which the whole or any material part purports to be made?

Answer 24

By a person who did not authorise its making or by a fictitious person

Question 25

The serious fraud office investigates serious or complex fraud complaints. An investigator from that office may only make an arrest of a fraud suspect?

Answer 25

Under no circumstances as the investigator does not have powers to arrest

Question 26

What was held in R V HARNEY?

Answer 26

Forsight of the dangerous consequences that could well happen together with the intent to continue the course of conduct regardless of the risk

Question 27

John purchases property with a valueless cheque on tuesday. John sells it to mike at the local pawn shop on wednesday. Mike sells it to jane the same day. On thursday the valueless cheque is dishonoured and reported to the police. Who will have legal title of the property or who will take possession of the property?

Answer 27

Jane, because title voided after her genuine purchase

Question 28

What was held in R V MISIC?

Answer 28

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

Question 29

Can title be voided?

Answer 29

Yes. Communication with the person, the taking of all possible steps to bring it to their notice eg by writting a letter, text, phone call etc or by advising police that the item was obtained by fraud

Question 30

A person who has property on hire purchase has?

Answer 30

Possession only (until full amount is paid)

Question 31

What is required to prove inducement?

Answer 31

That the false representation was believed and that it was the consequence of the belief that the victim parted with his or her money

Question 32

What is a valuable consideration?

Answer 32

HAYES V R Monetary payment in return for goods and services Goods given in return for services provided Issuing a false invoice to receive payment for goods never supplied

Question 33

What is meant by the terms referred to in section 240(1)(b) CA61: A) debt B) liability

Answer 33

A) means money owing from one person to another | B) means legally enforceable financial obligation to pay, such as the cost of a meal

Question 34

Where a person has been induced to part with goods by deception, what are the 2 steps they can take to avoid the deceivers title?

Answer 34

Advising the defrauder by letter, in person, phone, text, email that the person defrauded is aware of the deception. If the defrauder cannot be contacted a public notice in the paper will suffice

Question 35

To successfully prosecute a person on a charge of using altered or reproduced documents with intent to deceive under S259 CA61 name three mental elements you must prove?

Answer 35

1) the defendant must know the relevant matters in regards to the document ie that the document had been altered with intent to deceive 2) the defendant must have intended by the employment, or by causing another to use or rely on it, to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to another person 3) there must be an intention to acquire or retain the property etc or to cause loss by deception

Question 36

An offender knowingly presents to a retailer an item with two price tags for different amounts, aware the higher amount is the correct price. He shows the lower price to the checkout operator and obtains the item for the lower price. He is apprehended by police two days later for the offence. A) what offence has been committed? B) who has title to the item obtained?

Answer 36

A) obtain by deception S240(1)(a) By any deception And without claim of right Obtains ownership, possession of or control over Any property, privilege, service, benefit, pecuniary advantage or valuable consideration

Question 37

The prosecution must establish either that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false. State your understanding in relation to the term (false in a material particular)?

Answer 37

Material particular can be given the meaning; important, essential, relevant detail or item. R V MALLET A matter will be a "material particular" if it is something important or something that matters. A minor detail may amount to a "material particular" if it is of consequence to the facts of the case

Question 38

Investigations into company fraud complaints will usually involve enquiries with the Ministry of Commerce. State four possible sources available there?

Answer 38

Registrar of companies Insolvency services Companies office Official assignee

Question 39

A) what knowledge must an accused person have to be liable for making a false representation? B) how can knowledge be established?

Answer 39

A) prosecution must prove the defendant knew that the representation was false in a material particular or was reckless as to its falsity. Absolute certainty is not required B) knowledge can be established by; Implication from the circumstances surrounding the event An admission Propensity evidence

Question 40

The term computer system is defined in S248 CA61. State the definition?

Answer 40

"Computer system" includes all related input, output, processing, storage, software or communication facilities, and stored data. It can encompass one computer or a network of computers or a computer connected to the internet with the potential of connecting to millions of networked computers

Question 41

Propensity evidence may be relevant in some deception cases. When may evidence be called in cases of deception?

Answer 41

S43 Evidence Act 06: prosecution may offer propensity evidence about the defendant in criminal proceedings only if the evidence has a probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant

Question 42

In relation to S240(2) besides making a false representation by oral what other ways can a false representation be made?

Answer 42

Deception: A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person AND knows that it is false in a material particular and or is reckless as to whether it is false in a material particular. An omission to disclose a material particular with intent to deceive any person in circumstances where there is a duty to disclose it. A fraudulent device, trick or stratagem used with intent to deceive any other person

Question 43

What is the definition of obtain as per S217 CA61?

Answer 43

Obtain in relation to any person means to obtain or retain for himself or herself or any other person

Question 44

In R V HAYES what was held in relation to pecuniary advantage?

Answer 44

Anything that enhances the accused's financial position. It is that enhancement which constitutes the element of advantage

Question 45

What are the 2 core elements when it comes to an offence under S220 CA61 - theft by a person in a special relationship?

Answer 45

Requires proof of 2 core elements: A) that he or she have received property on terms or in circumstances which, to the defendant's knowledge, affect what the accused may do with the property and its proceeds or require the defendant to act in accordance with the requirements of another person AND B) the defendant intentionally departed from the relevant obligation

Question 46

What is the difference between forgery and altering and reproduction of a document?

Answer 46

The differences rest in the varying definitions of "document" and "intent". With forgery an intent to deceive only is required, not an intent to obtain by deception. In the offence of altering, concealing, destroying or reproducing a document you must prove that the offender intended to obtain by deception.

Question 47

Define claim of right?

Answer 47

S2 CA61: in relation to any act means a belief at the time of the act in a propriety or possessory right in property in relation to which the offence is alleged to have been committed although that belief may be based on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed

Question 48

Define access when it comes to computer offences?

Answer 48

Access is widely defined and covers almost all interactions with a computer system such as using a computer at work and more remote forms of access such as viewing a website or using a virus

Question 49

Define property?

Answer 49

S2 CA61: any real or personal property and any estate or interest in any real or personal property or money, electricity, and any debt and anything in action and any other right or interest

Question 50

Define credit as per FISHER V RAVEN?

Answer 50

Credit refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditors. Credit does not extend to an obligation to supply services or goods

Question 51

Define false representation under S240(2)?

Answer 51

The representation must be false and the defendant must know or believe that it is false in a material particular or be reckless whether it is false. Absolute certainty is not required wilful blindness as to the falsitivity of the statement will suffice

Question 52

What 2 points were made in R V HARNEY?

Answer 52

Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct

Question 53

When interviewing a victim who alleges they have been defrauded what 2 important questions should be asked by the investigator?

Answer 53

1) find out the identity used by the offender | 2) obtain descriptions of the offender, the property obtained and the vehicle used

Question 54

What ate the essential ingredients of the forgery offences as set out in S256(1) CA61?

Answer 54

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: - makes a false document - with intent to use it to obtain - property, privilege, service, pecuniary advantage, benefit or valuable consideration

Question 55

You are investigating a cheque fraud series where the account has been opened and a cheque book obtained using ficticious details. Apart from the normal bank enquiries in relation to the cheque offences list 4 possible enquiries you should make regarding the offender opening the account with the bank?

Answer 55

1) account number and date it was opened 2) the nature and amount of the first deposit 3) details used when the account was opened 4) descriptions of suspects and associates 5) names / addresses of employee who opened the account

Question 56

What are essential ingredients of S228 CA61 taking or using a document?

Answer 56

- with intent to obtain - any property, service, pecuniary advantage or valuable consideration - dishonestly - and without claim of right - takes or obtains / uses or attempts to use any document

Question 57

Apart from false representation what matters would constitue a deception as defined under S240(2) CA61?

Answer 57

(2) in this section deception mean; 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 is false in a material particular or ii) is reckless as to whether it is false in a material particular b) on omission to disclose a material particular, with intent to deceive any person, in circumstances where the duty is to disclose c) a fraudulent device, trick, strategem used with intent to deceive any person

Question 58

An offender using a false name and address hires an electric drill from the local hire shop. The drill is found at his home some months later and he claims that he did intend to return it at some stage but didn't get around to it. A) what is the most appropriate charge? B) who has title of the drill?

Answer 58

A) S220 CA61 theft by person in a special relationship | B) the owner of the hire shop. Title never changes hands

Question 59

Set out the ingredients of the offence of obtaining credit by deception S240(1)(b) CA61?

Answer 59

- by any deception - and without claim of right - in incurring any debt or liability - obtains credit

Question 60

What was held in the case R V MORLEY as it relates to S240(2)

Answer 60

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

Question 61

Paul is the director of a company installing windows for domestic property owners. He has a large backlog of jobs to complete due to manufacturing delays by his suppliers. 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

Answer 61

Yes. Where senior executor of a company committs an offence both the company and the person are liable. This is commercial fraud committed by paul against the public under the guise of his company. S240(2) duty to disclose. He has not disclosed the backlog and monetary issues. Reckless as to whether he can fulfil the order

Question 62

When is forgery complete?

Answer 62

Forgery is complete as soon as the document is made with knowledge and intent

Question 63

For forgery the prosecution must prove that the document was false and the defendant intended either?

Answer 63

To use the false document to obtain or | That the false document be used or acted on as genuine

Question 64

Two stage test for recklessness?

Answer 64

Subjective test is the internal reason a person acts as they do An objective test is that of a reasonable person