Deception Extras

Question 1

Under what circumstances does a person keep title of goods if they have fraudulently induced another to hand over goods with the intention that title will pass?

Answer 1

section 246(4) if the original purchaser sells the goods to an innocent buyer(one who is not aware of the defect in title) then the title is made legal.

Question 2

How can you void title (x3)

Answer 2

taking all possible steps to bring it to the deceivers notice

advising the police

seeking judicial determination through courts or disputes tribunal

Question 3

when is forgery complete

Answer 3

as soon as the document is made with intent to obtain any property, service, pecuniary advantage or valuable consideration

OR

with the knowledge the document is false and intent in any way be used or acted upon is genuine (whether in NZ or elsewhere)

Question 4

define access under section 248

Answer 4

in relation to any computer system means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.

Question 5

explain what action would involve accessing a computer system

Answer 5

access requires that the person instructing or communicating with the computer system through which instructions or communications may pass.

Question 6

for a charge of accessing a computer system for a dishonest purpose under section 249(2) to be successful, what intents must be proved

Answer 6

that the offender obtained any property, pecuniary advantage, privilege, benefit, valuable consideration,

OR

the offender causes loss to any other person

Question 7

what are the distinctions between s249(1) and s249(2) Accessing a computer system

Answer 7

s249(1) person has actually accessed a computer system and obtains any property, pecuniary advantage, privilege, benefit, valuable consideration or causes loss

s249(2) person actually accesses the computer system with intent regardless of the result

Question 8

describe a situation when a person may not be physically present at a computer to access it

Answer 8

a person may not be physically present at a computer but can gain access to it via software that remotely infects computers

Question 9

what are the two core elements for s220 theft by a person in a special relationship

Answer 9

(a) that he or she have received property on terms or in circumstances which, to the accused’s knowledge, affect what the accused may do with the property or its proceeds or require the accused to act in accordance with the requirements of another person

(b) that the accused intentionally departed from the relevant obligation

Question 10

List 6 things a judge may consider when considering propensity evidence

Answer 10

FUNCEO

frequency
unusual
number of persons
connection
extent of similarity
(result) of collusion or suggestibility

Question 11

what are the 4 differences between forgery and altering or reproducing a document

Answer 11

in forgery, only an intent to deceive is required not an intent to obtain by deception.

In altering/reproducing a document you must prove the offender intended to obtain by deception.

Any document can be altered or reproduced for the charge of altering, concealing, destroying or reproducing a document, however for forgery it must be a false document.

Question 12

what are five possible enquiries for company fraud

Answer 12

MIRCO

ministry of commerce

insolvency services

registrar of companies

companies office

official assignee

Question 13

what are 8 enquiries for the bank account holder in relation to fraudulent use of credit cards or cheques

Answer 13

account holders name, occupation, addresses, phone numbers

date account opened

account history and how it was operated

date cards or cheques reported missing

who and by whom the loss was reported

serial numbers

dishonoured cheques

if account holder is suspected of issuing valueless cheques

Question 14

What is the propensity rule

Answer 14

evidence that tends to show a persons propensity to act in a particular way or to have a particular state of mind, being acts, omissions or events

but

does not include evidence of an act or omission that is
1 of the elements of the offence for which the person is being tried

the cause of the action for above

Question 15

how long does the defrauder have voidable title of an item obtained by deception

Answer 15

until the title is voided

Question 16

what are the three elements where a buyer can purchase an item with voidable title

Answer 16

title has not been voided

good faith

is without notice of the sellers defect in title

Question 17

when should a search warrant be implemented for returning stolen property or property obtained by deception

Answer 17

to search for evidential material not to assist in civil matters

Question 18

when is knowing receiving not an offence

Answer 18

any property stolen or obtained by any imprisonable offence has been returned to the owner

OR

legal title to any such property has been acquired by an other person

then receiving is not an offence even though the receiver may know it was obtained by an imprisonable offence

Question 19

what are the elements of forgery s256(1)

Answer 19

makes a false document
with intention of using it to obtain any

Property, privilege, pecuniary advantage, valuable consideration, service, benefit

Question 20

what is a false document

Answer 20

appears to have been made by a person who did not make it

Question 21

what 2 things do you need to prove forgery under section 256(1)

Answer 21

made a false document

with intent to use it to obtain PA, VC, property, service, benefit, privilege

Question 22

what 3 things do you need to prove forgery under section 256(2)

Answer 22

made a false document

knowing it to be false

with intent that it in any way be used or acted upon as genuine

Question 23

what seven things might people do to alter a document

Answer 23

DOEAIR

Additions
Insertions
Deletions
Obliterations
Erasures
Removal of material