Multi Choice

Question 1

Roberts car is in the local garage having been repaired. Robert could not afford to pay before getting the car back.. Knowing that he doesn’t have funds in his account to cover the cost of the repair, he hands over a cheque to the repairer and receiver the car in return. He drives the car home. What offence has he committed?

Answer 1

Robert has obtained the vehicle by deception, 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 s220(1), CA 1961 it is necessary to prove that the person knew that 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 of R v MORLEY discussed the matter of loss in relation to s240(1)(d) CA 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 by 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 committed

Question 6

For a charge under s240(1)(b) CA 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 ir stratagem used with intent to deceive any person must be:

Answer 7

Fraudulent, meaning dishonest in the traditional sense

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 its making

Question 9

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 9

Under no circumstances does the investigator have a power of arrest

Question 10

Intent to deceive is not disclosed merely because there is

Answer 10

• Delay or non-payment of the debt, or

- An inability to perform a bona fide intention

Question 11

What is a credit?

Answer 11

Money owing with a period of time to pay

Question 12

A senior executive of a company who is acting on behalf of the company causes loss to another company. Who’s held criminally responsible?

Answer 12

The company is criminally liable

Question 13

For a charge of accessing a computer system for dishonest purpose under s249(2) to be successful , what intents must be proved?

Answer 13

Obtained any property , pecuniary advantage, service, privilege, benefit or valuable consideration or causes loss to any other person

Question 14

When is title obtained?

Answer 14

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

Question 15

What must exist in relation to debt and liability in deception

Answer 15

Debt and liability must be legally enforceable

Question 16

An item is located at John’s property. What must be proved in relation to possession

Answer 16

He had readily access to it

Question 17

Three examples of where credit may be obtained by a 3rd person?

Answer 17

• Obtaining money on loan
• Extending existing overdraft facilities
• Renting or leasing a dwelling

Question 18

Both possession and title will pass on the a bona fide or innocent purchaser:

Answer 18

When property is bought by a 3rd person who obtained it by deception before the original owner voids any title

Question 19

In relation to the offence of obtaining by deception under S240(1)(b) CA 1961, which of the following statements is not correct?

Answer 19

Under the definition of obtain - S217 CA 1961 it is not sufficient that the accused obtained the extension of credit for another person

Question 20

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

Answer 20

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

Question 21

For propensity evidence to be admissible the ultimate issue is?

Answer 21

The degree to with the probative value of the evidence out weighs the prejudicial effect

Question 22

What was held in R v HARNEY

Answer 22

A foresight of dangerous consequences that could well happen together with intent to continue the course of action regardless of the risk

Question 23

John purchases property with a valueless cheque on Tuesday, and sells it to Mike the local pawn dealer on Wednesday, Mike sells it to Jane on Thursday; the valueless cheque is dishonoured and reported to Police. Who has legal title of the property and who will take possession of the property

Answer 23

Jane

Question 24

What is held in R v Misic

Answer 24

Essentially a document is a thing which provides evidence or information or serves as a record

Question 25

How can title be voided?

Answer 25

By making a report to the Police

Question 26

A person who has property on hire purchase has?

Answer 26

Possession only

Question 27

Inducement must be proved where possible by direct evidence, the deceived must

Answer 27

The deceived must believe the false representation

Question 28

What is valuable consideration

Answer 28

Valuable consideration - Receiving compensation or a fee

A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short, money or money’s worth.

Question 29

John finds gym membership card for the local gym swimming pools; it’s a hot day so John goes to the pools and uses the card to gain entry without paying.
What is John’s criminal liability?
What has John obtained by using the membership?

Answer 29

Obtains Property by deception

Valuable Consideration

Question 30

The case of R v Hayes defined pecuniary advantage as?

Answer 30

Anything capable of enhancing the accused’s financial position

Question 31

A person can only be charged under s249(1) CA 1961 in relation to accessing a computer system for a dishonest purpose when:

Answer 31

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

Question 32

What was held in R v Crooks in relation to knowledge?

Answer 32

The accused maybe liable if the conduct has amounted to wilful blindness and is equated to knowledge