Miscellaneous Questions

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

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 2

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

Question 3

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 3

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

Question 4

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 4

No offence is committed

Question 5

For a charge under section 240(1) (b) of the Crimes Act 1961 (obtaining credit by deception), the obligation to repay means:

Answer 5

The obligation to repay must be a legally enforceable one

Question 6

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

Answer 6

Fraudulent and morally wrong

Question 7

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

Answer 7

a) By a person who did not authorise its making

b) By a fictitious person

c) Both of the above are correct
C is correct

Question 8

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

Answer 8

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

Question 9

Where a person has been induced to part with goods by deception, what are two steps he can take to avoid the deceiver’s title

Answer 9

• Take all other possible steps to bring it to the Offender’s notice, e.g. by writing a letter
• Advise the police that the goods were obtained by deception.

Question 10

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 1961, name three mental elements you must prove:

Answer 10

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 11

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

Answer 11

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 other state of mind. It must be capable of being false so it must contain a proposition of fact: Simester & Brookbanks, Principles of Criminal Law, 2007, p702.

R v Morley
Representations must relate to a statement of existing fact, rather than a statement of future intention.

Question 12

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 some two days later for this offence
a) What offence has the offender committed
b) Who has title to the item obtained by the offender

Answer 12

a) Obtains by Deception
b) Title would belong to the Offender which has been obtained by deception.

Question 13

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 a material particular)

Answer 13

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. A minor detail may amount to a “material particular” if it is of consequence to the facts of the case. The question of materiality will be assessed objectively.
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.
R v Mallett

Question 14

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

Answer 14

Registrar of Companies.
Companies Office.
Official assignee.
Insolvency Services.

Question 15

a) What ‘knowledge’ must an accused person have to be liable for making a false representation
b) How can ‘knowledge’ be established?

Answer 15

a) The Accused must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

b)  Knowledge can be established by:  *	An admission  *	Implication from the circumstances surrounding the event  *	Propensity evidence (see page 39).

Question 16

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

Answer 16

computer system means:
(i) A computer; or
(ii) 2 or more interconnected computers; or
(iii) Any communication links between computers or to remote terminals or another device; or
(iv) 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 17

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

Answer 17

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

Question 18

Police investigating the fraudulent use of credit cards or cheques must conduct enquires with the bank where the account is domiciled. List the information an investigator must obtain from the bank accounts manager

Answer 18

In all cases contact the accounts manager at the bank where the account is domiciled and find out:
· The account holder’s full name, occupation, private and business addresses and telephone numbers
· The date the account was opened
· The account history and how it has been operated
· The date the cheque book or credit card was reported missing
· How and by whom a loss was reported
· The serial numbers of any missing cheques
· Details of any cheques dishonoured and returned
· Whether the account holder is suspected of issuing valueless cheques.

Note: Also find out if there are other banks to which cheques have been returned and, if possible, details of the people and firms defrauded.

Question 19

John and Jill get divorced. Jill is awarded the Jaguar car in the divorce settlement.

Jill goes on an overseas trip. Before going she leaves the Jag with her friend Cheryl. She does not tell Cheryl anything about the divorce settlement.

John seizes the opportunity to recover the car. He goes to Cheryl’s and spins her a yarn. She is happy with the story and gives over the keys.

Answer 19

S240 (1)(a) (Property)

Question 20

A person can only be charged under section 249(1) in relation to accessing a computer system for dishonest purpose when:

Answer 20

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

Question 21

The term credit means:

Answer 21

(c) An obligation to pay or repay with time in which to pay

Question 22

What was held in R v Crooks in relation to knowledge

Answer 22

(b) The accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge

Question 23

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

Answer 23

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

Question 24

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

Answer 24

• 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 25

What are the essential ingredients of the forgery offences as set out in section 256(1) of the crimes act 1961?

Answer 25

Everyone is liable to imprisonment for a term not exceeding 10 years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.

Question 26

What are essential ingredients of section 228 of the crimes act 1961 Taking or Using Documents?

Answer 26

Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,—
(a) Dishonestly and without claim of right, takes or obtains any document; or
(b) Dishonestly and without claim of right, uses or attempts to use any document.

Question 27

Apart from a false representation what matters would constitute a deception as defined under section 240(2) of the crimes act 1961

Answer 27

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 28

What was held in the case R v Morley as it relates to section 240(2) in relation to an intention to deceive?

Answer 28

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

Question 29

The key to a successful company fraud investigation is to seek advice early. Outline the suggested sources of specialist information you should canvass and the type of potential assistance those sources can provide the investigation

Answer 29

legal accountants - forensic accounting info
MBIE - registries and company information
Commerce Comission - legal advice as to fair trading
Customs - international matters

Question 30

Liability question

Harry enters a major retail store and selects an expensive DeWalt brand electric drill. He removes the $323.99 price tag and replaces it with a $59.99 price tag from a much cheaper KamaKouza brand drill.

He takes the DeWalt drill to the checkout operator. Harry says nothing. The checkout operator scans the price tag and charges him the cheaper price. Harry pays cash and then leaves the store with the drill

Complete a criminal liability answer for the most appropriate offence you would charge Harry with
Disregard Using a Document

Answer 30

240(1)(a)

Question 31

A person who has property on hire purchase has:

Answer 31

(c) possession only

Question 32

What is a valuable consideration?

Answer 32

(c) Issuing a false invoice to receive payment for goods never supplied

Question 33

John finds a gym membership card for the local gym / swimming pools, its a hot day so John goes to the swimming pools and uses this card to gain entry without paying. What is John’s criminal liability?

Answer 33

(a) Uses a document

Question 34

In R V Hayes what was held in relation to pecuniary advantage.

Answer 34

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”

Question 35

What are the two core elements when it comes to an offence under 220 theft by a person in a special relationship? Pg 49

Answer 35

(a) that he or she have received property on terms or in circumstances which, to the accused’s knowledge, affect what the accused may do with the property or its proceeds or require the accused to act in accordance with the requirements of another person, and
(b) That the accused intentionally departed from the relevant obligation.

Question 36

What is the difference between forgery and altering and reproduction of a document?

Answer 36

• The differences between the offences of forgery and altering or reproducing a document rest in 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, concealing, destroying, or reproducing a document, you must prove that the offender intended to obtain by deception.
• Any document can be altered or reproduced in the charge of altering, concealing, destroying, or reproducing a document. However, in a charge of forgery the document must be a ‘false document’ as defined in section 255 of the Crimes Act 1961.

Question 37

Define Access when it comes to computer offences?

Answer 37

The term ‘access’ in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

Question 38

List the things a judge may consider when considering propensity evidence?

Answer 38

(a) The frequency with which the AOEC which are the subject of the evidence have occurred

(b) The connection in time between the AOEC of the evidence and those of the offence for which the defendant is being tried

(c) The extent of the similarity between the AOEC and those of the offence for which the defendant is being tried

(d) The number of persons making allegations against the defendant that are similar to the offence for which the Defendant is being tried

(e) Whether the allegations described in paragraph (d) may be the result of collusion or suggestibility

(f) The extent to which the AOEC of the evidence and those of the offence for which the defendant is being tried are unusual