MCQ & SA

Question 1

Roberts car is in the local garage having been repaired. Robert could not afford to pay for the repair before getting the car back. Knowing that he does have funds in his account to cover the cost of the repairs, he hands over a cheque to the repairer and received the car in return. He drives home:

Answer 1

Robert has stolen the vehicle, as someone else has a special property or interest in it.

Question 2

Claim of right in relation to any act means:

Answer 2

A belief at the time of the act in a proprietary or possessory right in property

Question 3

To prove a charge of theft by a person in a special relationship under section 220(1), it is necessary to prove that the person knew they had to:

Answer 3

Account to any other person for the property, or for any proceeds arising from the property

Question 4

The case R v Morley (2009) NZCA 618 discussed the matter of loss in relation to s240(1)(d) Crimes Act 1961 (causing loss by deception). Which statement best describes what was held in this matter:

Answer 4

The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception.

Question 5

Brown booked into a motel and on checking in he offered to pay in advance. He was told that he could pay the account in the morning. He left early without checking out or paying. What is Brown’s liability:

Answer 5

No offence is committed

Question 6

For a charge under s240(1)(b) of the Crimes Act 1961 (obtaining credit by deception), the obligation to repay means:

Answer 6

The obligation to repay must be a legally enforceable one

Question 7

A fraudulent device, trick or stratagem used with intent to deceive any person must be:

Answer 7

Fraudulent and morally wrong

Question 8

False document includes a document of which the whole or any material part purports to be made:

Answer 8

By a person who did not authorise it’s making

By a fictitious person

Question 9

The serious fraud office investigated serious or complex fraud complaints. An investigator from that office may only make an arrest of a fraud suspect:

Answer 9

Under no circumstances as the investigator does not have powers of arrest

Question 10

What is meant by the following terms referred to in section 240(1)(b) of the Crimes Act 1961 -
a) Debt
b) Liability

Answer 10

Debt means money owing from one person to another

Liability means a legally enforceable of obligation to pay, such as the cost of a meal.

Question 11

Where the person has been induced to part with goods by deception, what are two steps he can take to void the deceivers title?

Answer 11

Take all other possible steps to get it to the offenders notice, eg by writing a letter or texts etc

Advise the Police that the goods were obtained by deception.

Question 12

To successfully prosecute a person on a charge of using altered or reproduced documents with intent to deceive under section 259 of the Crimes Act 1971, name three mental elements you must prove:

Answer 12

Firstly, the defendant must know that the document had been altered with intent to deceive.

Secondly, the defendant must have intended by the employment of the document, or by causing another to use or rely on it, to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person.

Thirdly, there must be an intention to acquire or retain the property etc, or to cause loss, by deception.

Question 13

How is the term representation interpreted (not defined) by the courts. State the relevant case law.

Answer 13

This is not defined. Examples have included representations about a past or present fact, about a future event, or about an existing intention, opinion, belief, knowledge or state of mind. It must be capable of being false so it must contain a proposition of fact: Simester & Brookbanks

Question 14

An offender knowingly presents to the retailer an item with two price tags for different amounts, aware that the higher amount is the correct price, he shows the lower price to the checkout operator and obtains the item for the lower price. He is apprehended by Police a few days later for the offence, what offence has the offender committed and who has title to the item obtained by the offender?

Answer 14

The offence is - obtains by deception

Title would belong to the offender which had been obtained by deception.

Question 15

The prosecution must establish either that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false. State your understanding in relation to the term (false in material particular)

Answer 15

Material particular is not defined in the Crimes Act and can be given its usual meaning of an important, essential or relevant detail or item.

Question 16

Investigations into company fraud complaints will usually involve enquiries with the Ministry of Commerce. State four possible sources available there:

Answer 16

Registrar of companies
Companies office
Official assignee
Insolvency services

Question 17

a) What ‘knowledge’ must an accused person have to be liable for making a false representation

b) How can ‘knowledge’ be established?

Answer 17

a) the accused must know or believe that it is false in a material particular, or be reckless whether it is false.

b) knowledge can be established by:
An admission
Implication from the circumstances surrounding the event
Propensity evidence

Question 18

The computer system is defined in s248 of the Crimes Act 1961. State the definition:

Answer 18

(a) Computer system means:

A computer; or
2 or more interconnected computers; or
Any communication links between computers or to remote terminals or another device; or
2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and

(b) Includes any part of the items described in paragraph (a) and all related input

Question 19

Propensity evidence may be relevant in some deception cases. When may evidence of propensity be called in cases of deception?

Answer 19

Propensity evidence, whether in previous or later occasions to the offence charged, is admissible in cases of deception where there is sufficiently strong connection between the offences.

Question 20

Both possession and title will pass on to a bonafide or innocent purchase:

Answer 20

When the property is brought by a third party from a person who obtained it by deception before the original owner voids any title

Question 21

In relation to the offence of obtaining credit by deception under 240(1)(b) of the Crimes Act 1961, which of the following is INCORRECT?

Answer 21

Under the definition of obtain in s217 of the Crimes Act 1971, it is not sufficient that the accused obtained the extension of credit to another person

Question 22

The case Hayes v R defined a pecuniary advantage as:

Answer 22

Anything enhancing a persons financial position

Question 23

A person can only be charged under s249(1) in relation to accessing a computer system for dishonest purpose when:

Answer 23

He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person

Question 24

A senior executive of a company who is acting on behalf of the company commits a series of deceptions causing other companies to sustain financial loss. In these circumstances any criminal liability rests with:

Answer 24

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

Question 25

Outline ‘Specified Intent’ in relation to forgery.

Answer 25

The Prosecution must prove that, at the time of the alleged act, the Defendant, knowing that the document was false, had intended (to deceive) either:
- To use the false document to obtain, or
- That the false document to be used or acted on as genuine

Question 26

What is the definition of the word ‘loss’ caused by deception? (Loss caused by deception must be?)

Answer 26

Loss must be in the nature of a direct loss. Indirect losses, such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.

Question 27

The case R v Morley (2009) NZCA 618 discussed the matter of loss in relation to s240(1)(d) Crimes Act 1961 (causing loss by deception). What was held in this matter:

Answer 27

The prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception

Question 28

A person can be said to have control of a thing if:

Answer 28

It is proved that the accused did in fact exercise some control over the thing

Question 29

For propensity evidence to be admissible, what is the ultimate issue?

Answer 29

The degree to which the probative value of the evidence outweighs the prejudicial effect

Question 30

The term valuable consideration means that a person can:

Answer 30

(a) Obtain a special right or advantage
(b) Obtain anything capable of being valuable consideration, whether of a monetary kind or of any other kind
(c) Receive something that enhances their financial position

Question 31

When interviewing a victim who alleges they have been defrauded, what two important questions should be asked by the investigator?

Answer 31

• That the false representation was believed, and
• That it was the consequence of that belief that the victim parted with his or her money.

Question 32

When is forgery complete?

Answer 32

256(3) - Forgery is complete as soon as the document is made with the intent described in subsection (1)

Question 33

An offender using false name and address hires an electric drill from the local hire shop. The drill is found at his home some months later and he claims that he did intend to return it at some stage but didn’t get around to it.
(a) What is the most appropriate offence to charge the offender with?
(b) Who has title to the drill? (explain your answer)

Answer 33

a - Obtains by deception 240(1)(a)
b - The company has title as it was only hired on contract and title was not intended to be passed by the owner of the drill to the offender.

Question 34

In relation to 240(2), besides making a false representation by oral what other ways can a false representation be made?

Answer 34

An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
A fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 35

What is material particular?

Answer 35

An important, essential or relevant detail or item

Question 36

When recklessness is an element in an offence, what must be proved?

Answer 36

Subjective Test:
That the Defendant consciously and deliberately ran a risk

Objective Test: (based on whether a reasonable person would have taken the risk)
That the risk was one that was unreasonable to take in the circumstances as they were known to the Defendant.

Question 37

What is the definition of ‘title’?

Answer 37

A right or claim to the ownership of property. (Simply, a legal right to the property)

Question 38

What is ‘Voidable Title’?

Answer 38

A tile obtained by deception, fraud, duress or misrepresentation is called voidable title. This means that the title can be avoided (vacated) by the seller. Thus, if an innocent purchaser buys good obtained by deception, before title has been avoided, then he or she is entitled to good title.
Until the title is avoided, the defrauder has a voidable title, and can confer good title on anyone who acquires the goods form him or her in good faith and for value.

Question 39

List four examples of obtaining a ‘privilege’, ‘service’ or ‘benefit’

Answer 39

1. Using another person’s gym membership card
2. Access to medical services
3. The withdrawal of an assault charge
4. A reduction in sentence for an offence

Question 40

What is special interest lien? And provide an example.

Answer 40

In general terms, a lien is a right over another person’s property to protect a debt charged on that property.
The defendant was the owner of a motor vehicle being repaired by a garage. The garage owner proprietor placed a lien over the vehicle until payment by the debt was made. The effect of this was to permit him to retain the possession of the car and gave him a special property or interest in the vehicle.

Question 41

4 examples of a pecuniary advantage?

Answer 41

1. Cash from stolen goods
2. Clothing obtained by a credit or eftpos card
3. A discount
4. Avoiding or deferring payment of a debt

Question 42

If a contract for debt or liability is void or illegal is there an offence of obtaining credit by deception?

Answer 42

No, contract must be legally enforceable.

Question 43

In relation to cheque and credit card fraud, what should you find out from the informant?

Answer 43

Interview the victim and:
Find out the identity used by the offender

Obtain descriptions of the offender, the property obtained and the vehicle used

Question 44

In relation to cheque and credit card fraud, what should you find out from the bank?

Answer 44

The account holders full name, occupation, private and business addresses and telephone numbers

Whether the account holder is suspected of issuing valueless cheques

The date the account was opened