MCQ and SA Random Flashcards
MC - 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 the police. Who will have legal title to the property? Or who will take possession of the property?
Jane
MC - What was held in R v MISIC
Essentially a document is a thing which provides evidence or information or serves as a record
MC - How can title be voided
Make a complaint to police
MC - a person who has property on hire purchase has
Possession only
MC - what is a valuable consideration
Issuing a false invoice to receive payment for goods never supplied
MC - John finds a gym membership card for the local gym, it’s a hot day so John goes to the swimming pool and uses the card to gain entry without paying. The question was either what is John’s liability? Or what has John obtained?
Criminal liability, obtaining be deception 240(1)(a)
He obtained a privilege or benefit
SA - in relation to 240(2) besides making a false representation by oral what other ways can a false representation be made?
Either documentary or by conduct
SA - what is the definition of obtains as per section 217?
In relation to any person, means to obtain of retain for himself
Or herself or any other person
SA - In R v Hayes what was held in relation to pecuniary advantage?
A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement of which constitutes the element of advantage
SA - what are the two core elements of proof when it comes to an offence under Section 220, theft of a person in a special relationship?
- That he or she have received property on terms or in circumstances which, to the accused knowledge, affect what the accused may do with the property or it’s proceeds or require the accused to act in accordance with the requirements of another person and
- That the defendant intentionally departed from the relevant obligation
SA - What is the difference between forgery and altering and reproducing a document? 4 marks
- the differences between the offences of forgery and altering or reproducing a document rest on 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 etc you must prove that the offender intended to obtain by deception.
- any document can be altered or reproduced in the charge of altering etc, however in forgery the document must be a false document as defined in S 225 of the CA
SA - Define claim of right
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in the 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 then the enactment against which the offence is alleged to have been committed
SA - Define access
Access means instruct, communicate with, store data in, receive data from, or otherwise make use of the resources of the computer system.
Access is widely defined and covers almost all interactions with a computer
SA - Define property
Property includes real and personal property and any estate or interest in any real or personal property, money electricity and any debt and anything in action and any other right or interest
SA - Define Credit as per Fisher v Raven
Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods
MC - both possession and title will pass on to a bonafide or innocent purchaser
When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title
MC - what is credit
An obligation to pay or repay with the time in which to pay
MC - A senior executive of a company acting on behalf of the company causes loss to other companies, who is held criminally liable?
- 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
MC - dishonest access of a computer what is required to prove this? A person can only be changed under section 149(1) in relation to accessing a computer system for dishonest purpose when
He or she actually obtains any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person
MC - What must exist in relation to debt and liability in deception?
Must be legally enforceable
MC - An item is located at John’s property, what must be proven in relation to possession - a person is said to have control of a thing if:
It is proven that the accused did in fact exercise some control over the thing
MC - In relation to the offence of obtaining credit by deception under 240(1)(b) of the CA 1961, which of the following statements is not correct?
True - A debt or liability must have been incurred at the time credit is obtained
True - the debt or liability must be legally enforceable
False - under the definition of obtain in s217, it is not sufficient that the accused obtain the extension of credit to another person (it is sufficient)
MC - what was held in R v Crooks in relation to knowledge
The accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge
MC - for propensity evidence to be admissible the ultimate issue is
The degree to which the probative value of the evidence outweighs the prejudicial effect
