Multi Choice Qs Flashcards
Case law – R v Laverty provides the court with direction as to the manners in which property is obtained in matters involving a false representation. In relation to R v Laverty, what was held?
It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation
Section 240(2) CA61 states that a deception requires that a person make false representation with a specific intent. Which statement best describes the required intent?
An intention to deceive.
Robert’s car is in a garage. Robert has insufficient funds in his account and is aware of this but writes a cheque to pay for the repairs regardless. The garage accepts the cheque and Robert drives away in his car. What is Roberts Culpability?
Robert obtained the vehicle by deception as someone else has a special property or interest in it.
The definition of claim of right is found in S2 CA61. Claim of right means?
A belief at the time of the act in a proprietary or possessory right in that property
Evidence showing a person has a propensity to act in a certain way or to have a particular state of mind may be evident when causing loss by deception. Evidence of propensity will be subject to the rules of admissibility. Under these rules, evidence is admissible if it has?
A tendency to prove or disprove anything that is of consequence to the determination of the proceeding.
The key NZ case law in relation to recklessness is Cameron v R. Which statement is true in relation to Cameron v R?
Recklessness is a test based on the defendant’s appreciation of a risk of the offence and their decision to run that risk.
Accessing a computer for dishonest purposes is found in S 249(1) CA61. A person can only be charged under this section when?
He/she actually obtained property, privilege, pecuniary advantage, benefit, service or valuable consideration.
The serious fraud office investigates serious or complex fraud complaints. An investigator from that office can only make an arrest when?
Under no circumstances, as the investigator has no powers of arrest.
To prove a charge of forgery under S 256(1) CA61, the crown must prove that the defendant made a false document with a specific intent. Which statement best describes the defendant’s intent?
Knowing it to be false and with intent that it be used or acted on in any way whether in NZ or anywhere else as genuine.
What are the elements for S256(1)?
Making s false document with intent to obtain Property, privilege, pecuniary advantage, benefit, service, valuable consideration.
For a charge under S240(1)(b) CA61 (Obtaining credit by deception) what does the obligation to pay mean?
The obligation to repay must be a legally enforceable one
John finds a wallet in the park and removes documents including a member only swimming card. He goes to the pools and uses the card. What did john obtain?
A privilege or benefit
S240(1)(b) CA61 covers obtains by deception (Credit) Credit Means?
An obligation to pay or repay with time in which to pay.
In relation to altering documents, S240(1)(c) CA61inducement is a manner in which the deception can be practised. With regard to inducement which is correct.
Must be believed by the person defrauded.
Goods are obtained by the defendant if the goods are under their control. Where there is an agreement that the defendant should receive a cheque by post, the obtained is complete when?
The cheque is posted
