Liability Offences Flashcards
(10 cards)
Theft by person in special relationship
Crimes Act 1961 section 220
7 years
Elements:
- received / possessed / controlled any property on terms OR in circumstances that the person knows and requires the person
- to account to any other person for the property or for any proceeds arising from the property; OR
- to deal with the property or any proceeds arising from the property in accordance with the requirements of any other person, AND
- intentionally failed to account to the other person as so required; OR
- intentionally dealt with the property or any proceeds of the property otherwise than in accordance with those requirements
Dishonestly takes or uses document
Crimes Act 1961 section 228
7 years
Elements:
- with intent to obtain any property, service, pecuniary advantage, or valuable consideration
- dishonestly and without claim of right
a)
- took or obtained any document; OR
b)
- used or attempted to use any document
Obtains by deception
Crimes Act 1961 section 240
Penalty depends on value of property :
> $1000 = 7 years
$500 - 1000 = 1 year
<$500 = 3 months
Elements:
- by deception and without claim of right
a)
- obtained ownership or possession of, or control over
- any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration
- directly or indirectly
b)
- in incurring any debt or liability
- obtained credit
c)
- induced or caused 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
d)
- caused loss to any person
Accessing computer system for dishonest purpose
Crimes Act 1961 section 249
1) 7 years 2) 5 years
Elements:
- directly or indirectly
1)
- accessed any computer system
- dishonesty or by deception and without claim of right
a)
- obtained any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration; OR
b)
- caused loss to another person
2)
- accessed any computer system with intent to
- dishonesty or by deception and without claim of right
a)
- obtain any property, or any privilege, service, pecuniary advantage, benefir or valuable consideration; OR
b)
- cause loss to any other person
Damaging or interfering with computer system likely to endanger life
Crimes Act 1961 section 250
1) 10 years 2) 7 years
Elements:
- intentionally or recklessly
1)
- destroys, damages, or alters
- any computer system
- knowing or ought to know that danger to life is likely to result
2)
- without authorisation
- knowing they are not authorised; OR
- being reckless as to whether they are authorised or not
a)
- Damages, Deletes, Modifies or otherwise Interferes with or Impairs any data or software in any computer system; OR
b)
- causes any data or software in any computer system to be Damaged, Deleted, Modified, or otherwise Interfered with or Impaired; OR
c)
- causes any computer system to fail or deny service to any authorised user
Accessing computer system without authorisation
Crimes Act 1961 section 252
2 years
Elements:
- intentionally accesses
- directly or indirectly
- any computer system without authorisation
- knowing that they are not authorised to access it; OR
- being reckless as to whether or not they are authorised to access it
Forgery
Crimes Act section 256(1)
1) 10 years 2) 3 years 5) 3 years
Elements:
1)
- made a false document
- with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration
2)
- made a false document
- knowing it to be false
- with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine
5)
- without reasonable excuse
- sells, transfers or otherwise makes available any false document
- knowing it to be fake and to have been made
- with the intent that is be used or acted upon in NZ or elsewhere as genuine
Used forged document
Crimes Act 1961 section 257
10 years
Elements:
- knowing a document to be forged
a)
- used the document to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration
b)
- Used, dealt with or acted upon as if it were genuine
c)
- caused any other person to use, deal with or Act upon a document as if it were genuine
Altering, concealing, destroying or reproducing document with intent to deceive
Crimes Act 1961 section 258
10 years
Elements:
- With intent to
- obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration; OR
- cause loss to any person
a)
- altered, concealed, or destroyed any document; OR
- caused any document to be altered, concealed or destroyed
b)
- made a document or caused a document to be made that is, in whole or in part, a reproduction of any other document; OR
- Causes to be made any document that is, in whole or in part, a reproduction of any other document
Using altered or reproduced documents with intent to deceive
Crimes Act 1961 section 259
10 years
Elements:
- knowing a document had been made or altered in the manner and with the intent referred to in section 258
- with intent to
- obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration; OR
- cause loss to any person
a)
- used, dealt with or acted upon the document; OR
b)
- caused any person to use, deal with or act upon the document
