Examples Of SA Questions

Question 1

How is knowledge established?

Answer 1

An admission
Implications from circumstances surrounding event
Propensity evidence

Question 2

Forgery - what must be proved?

Answer 2

Document was false

User knew that the Document had been made with knowledge and intent required under S) 256

Question 3

What must exist in relation to debt and liability?

Answer 3

Must be legally enforceable

Question 4

When is title obtained

Answer 4

When the innocent receiver is given title where the property was obtained by deception but has not been voided by the deceived owner

Question 5

What must the prosecution prove about the representation?

Answer 5

It was false in the material particular
Or
Was reckless as to its falsity
Absolute certainty is not required

Question 6

What is a material particular?

Answer 6

An important, essential or relevant detail or item

Question 7

Sub and obj test for reasonableness

Answer 7

Sub - the internal reason why someone did something

Obj - the test of a reasonable person

Question 8

How is a false representation communicated?

Answer 8

Writing
Conduct
Demeanor

Question 9

Define Nature of Belief

Answer 9

1. Belief must be in a proprietary or possessory right in property
   2 Belief must be about rights to the property in relation to which the offence is alleged to have been committed
2. Belief must be held at time of conduct to constitute an offense
3. Belief must actually be held by the defendant

Question 10

False representation to be proved. Case law Carlos v R

Answer 10

Falsity must be proved. In Carlos V R there is more than one representation alleged. Directed that each misrepresentation should be included in a separate account.

Question 11

Does the deception need to be made by the person?

Answer 11

Does not need to be made by the person handing over the property, granting credit, conferring a benefits or suffering a loss provided that the deception was the cause of the relevant conduct

Question 12

Hire purchase

Answer 12

Where goods are obtained on hire purchase by a false representation the offence committed is deception.
If the offender later sells the goods to another offender commjts theft by conversion. Offender never receives title for goods obtained on hire purchase

Question 13

Cameron V R - Recklessness

Answer 13

Est if
Defendant recognized that there was a real possibility that his actions would bring about the prescribed result and or
The prescribed circumstances existed and having regard to that risk those actions were unreasonable.

Question 14

What is required to be proved causing loss by deception

Answer 14

The loss was caused by deception
It was reasonably foreseeable some more than trivial loss would occur.
Need not prove loss was intentionally caused

Question 15

Probative value

Answer 15

Propensity evidence may only be offered about a defendant if the evidence has a probabtive value in relation to a dispute in the proceedings which outweighs the risk that the evidence may have a unfairly prejudicial effect on defendant. .
Judge must take into account the nature of the issue in dispute

Question 16

Probabtive value what judge may consider

Answer 16

The number of persons making allegations that are the same as or similar to reason perosn is being tried

The acts, omissions events circumstances are unusual

Allegations may be result of suggestibility or collusion

Judge also must consider
Whether evidence will pre dispose the fact finder
Whether the fact finder will tend to give disproportionate weight in reaching a verdict to evidence of other acts or omissions.

Similarities between the acts omissions events circumstances of the evidence and the offence for which person is being tried

Connection in time

Frequency acts etc have occurred