multi choice a Flashcards
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:
a) robert has stolen the vehicle, as someone else has a special property or interest in it
b) Robert has obtained the vehicle by deception, as someone else has a special property or interest in it
c) Robert has neither stolen the vehicle nor obtained it by deception; a contractor’s lien over the vehicle does not afford him any right to withhold the vehicle from the rightful owner.
a
Claim of right in relation to any act means:
a) An honest belief that the act is justifiable
b) a belief at the time of the act in a proprietary or possessory right in property
c) An honest but mistaken belief that they had a proprietary or possessory right in property
b
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:
a) account to any other person for the property, or for any proceeds arising from the property
b) Account to any other person for the proceeds of the sale of stolen property
c) Account to any other person for the property only and not the proceeds
a
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:
a) The loss caused by deception can be in the nature of an indirect loss, such as an expectation loss (loss of a bargain) of loss of anticipated future profits
b) The deception must have been made to the person actually delivering over the property
c) the prosecution must prove that the loss alleged by the victim must have been induced by, or caused in reliance, upon the deception
c
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?
a) Obtaining a service by deception
b) Obtaining credit by deception
c) no offence is committed
c
For a charge under section 240(1) (b) of the Crimes Act 1961 (obtaining credit by deception), the obligation to repay means:
a) the obligation to repay must be a legally enforceable one
b) The obligation to repay can be merely a moral obligation
c) The obligation to repay is only applicable when there is a written agreement
a
A fraudulent device, trick or stratagem used with intent to deceive any person must be:
a) Fraudulent and both morally and ethically wrong
b) Fraudulent, meaning dishonest in the traditional sense c) fraudulent and morally wrong
c
False document includes a document of which the whole or any material part purports to be made:
a) By a person who did not authorise its making
b) By a fictitious person
c) both of the above are correct
c
The serious fraud office investigates serious or complex fraud complaints. An investigator from that office may only make an arrest of a fraud suspect:
a) If the fraud complaint has an actual or potential loss in excess of $2,000.00
b) If they are accompanied by a sworn Police employee who will witness the arrest
c) under no circumstances as the investigator does not have powers of arrest
c
