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Explain when the prosecution can offer propensity evidence about a defendant in a criminal proceeding?
When the evidence has a probative value to an issue in dispute and outweighs the risk that the evidence may be unfairly prejudicial
What does the judge take into account when considering the probative value of propensity evidence? a, b, c & d
a) the frequency with which the acts, omissions, events, or circumstances have occurred.
b) the connection in time between the acts, omissions, events, or circumstances
c) the extent of the similarity
d) the number of persons making allegations
What may the Judge consider when assessing the PREJUDICIAL effect of propensity evidence?
- whether it will unfairly predispose the fact-finder against the defendant
- whether the fact finder will tend to give disproportionate weight in reaching a verdict
What does ‘Adams on Criminal Law’ suggest regarding propensity evidence?
Persistent dishonesty across the board, would not in itself bring the propensity rule into play. More likely to be used in cases involving specific offences with pattern
When is evidence relevant under Section 7(3)?
When it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding
What was held in R v Sharma?
“The ultimate issue is the degree to which the probative value of the evidence outweighs its prejudicial effect”.
Define ‘title’:
a legal right or claim to the ownership of property
Section 246(4) Crimes Act Receiving after restoration to owner (Legal title)
If
a) any property stolen has been returned to the owner or
b) legal title to the property has been acquired by any person
a receiving of it is not an offence, even though the receiver may know the property was previously stolen
What is the effect of Section 246(4) - Receiving after restoration to owner
A person who in circumstances can be a ‘receiver’, cannot be convicted of receiving from a fraudulent offender who has voidable title
Section 220 Crimes Act - Theft by person in special relationship
Received or is in possession or has control over
- Any property
- In circumstances that the person knows requires them
a) to account to any other person for the property
b) to deal with the property, or any proceeds arising from the property
There may be an offence under Section 220 where the defendant has intentionally what?
- 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
- Has **dealt with the property **received by the defendant otherwise in accordance with the requirements
- Dealt with the proceeds of the property received by the defendant
Section 220 requires proof of what 2 CORE elements?
1) The person has received property under conditions they know limit what they can do with it or its profits, or require them to follow someone else’s instructions about it.
2) that the defendant intentionally departed from the relevant obligation
Mental Elements for Section 220:
1) must know that acquiring of the property was on terms which require the defendant to account for the property
2) The defendant must have “intentionally” departed from his obligation
Section 256 (1) Forgery
- Makes a false document
- With the intention of using it
- To obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration
10 years
Section 256 (2) Forgery
- Makes a false document
- Knowing it to be false
- With the intent that in any way be used or acted upon
- Whether in New Zealand or elsewhere
- As genuine.
3 years
Explain the requirement for ‘use’ of a document in relation to Forgery:
There is no requirement that the defendant use the document, as long as the intention to do so is present.
Define false document:
a) a document of which the whole or any part purports (appears) to be made by any person who did not make it, or by a fictitious person
b) on behalf of any person
c) has been altered
d) reproduction
Define a false document in short:
The document must lie about itself, or intend to convey a lie that it has been written by someone intending to pass it off as having been written by someone else.
When is forgery complete? Do you need to intend that a person will be affected?
Forgery is complete as soon as the document is made with knowledge and intent.
You do not need to intend that a particular person will be affected.
Four examples of Forgery
- Writing an exam in the name of someone else who was meant to sit it.
- Pre-dating a deed to give it priority over another
- Forging letters of recommendation in a CV that are necessary to obtain a position
- Falsely completing a statement of service on a witness summons
