multi choice b Flashcards
Both possession and title will pass on to a bona fide or innocent purchaser:
a) When property is brought from a thief if the purchaser had no knowledge that the property had been previously stolen
(b) when the property is brought by a third party from a person who obtained it by deception before the original owner voids any title
(c) When property is brought by a third party who has no knowledge that the property was obtained by deception by the seller
b
In relation to the offence of obtaining credit by deception under section 240(1)(b) of the crimes act 1961, which of the following statements is not correct:
(a) a debt or liability must have been incurred at the time credit is obtained
(b) the debt or liability must be legally enforceable
(c) under the definition of obtain in s217 of the crimes act 1961. it is not sufficient that the accused obtained the extension of credit to another person
c
The case Hayes v R defined a pecuniary advantage as:
(a) Obtaining compensation or a fee
(b) Anything enhancing a person’s financial position
(c) Obtaining money or goods
b
A person can only be charged under section 249(1) in relation to accessing a computer system for dishonest purpose when:
(a) Access has been gained with an intent to gain financially
(b) Information was downloaded about another person’s financial account
(c) He/she actually obtained any property, or privilege, service, pecuniary advantage, benefit or valuable consideration or loss to any other person
a?
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 losses. In these circumstances any criminal liability rests with:
(a) 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
(b) The senior executive only as the state of mind for the offending was his alone
(c) The company only as the actions benefited the company
a
The term credit means:
a) Credit obtained for a third person
(b) All transactions where goods are obtained using a credit card
(c) an obligation to pay or repay with time in which to pay
c
what was held in r v crooks in relation to knowledge
(a) the accused is not liable if their conduct has amounted to wilful blindness of the circumstances as they exist
(b) the accused may be liable if their conduct has amounted to wilful blindness and this is equated to knowledge
(c) the accused is liable if they are reckless as to the circumstances and continue their course of action regardless
b
A person can be said to have control of a thing if:
(a) it is proved that the accused did in fact exercise some control over the thing
(b) It is proved that the accused had possession of the thing
(c) The property was found at the premises over which the accused had control
a
For propensity evidence to be admissible the ultimate issue is:
a) the degree to which the probative value of the evidence outweighs the prejudicial effect
(b) The weight that the court attaches to the propensity evidence
(c) The degree to which the prejudicial effect of the evidence outweighs the probative value
a
The term valuable consideration means that a person can:
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
b
