Other offences Flashcards
(16 cards)
Theft by person in special relationship:
S220 - CA 1961:
This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—
(a)
to account to any other person for the property, or for any proceeds arising from the property; or
(b)
to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.
(2)
Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.
(3)
This section applies whether or not the person was required to deliver over the identical property received or in the person’s possession or control.
(4)
For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements.
Offence under section 220 - where defendant has intentionally:
- failed to account to any other person for property received by the defendant.
-failed to account to any other person for the proceeds of property received by the defendant.
- dealt with property received by the defendant otherwise than in accordance with the requirements of some other person.
- dealt with the proceeds of the property received by the defendant otherwise than in accordance with the requirements of some other person
Two mental elements of S220 (theft special relationship)
1) Defendant must KNOW the acquisition of the property was on terms or requirements which dictates who the property is dealt with
2) Defendant must have intentionally departed from their obligations
Forgery
S256 CA 1961 Forgery
(1)
imprisonment 10 years - person who who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.
(2)
Every one is liable to imprisonment for a term not exceeding 3 years who makes a false document, knowing it to be false, with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.
(3)
Forgery is complete as soon as the document is made with the intent described in subsection (1) or with the knowledge and intent described in subsection (2).
(4)
Forgery is complete even though the false document may be incomplete, or may not purport to be such a document as would be binding or sufficient in law, if it is so made and is such as to indicate that it was intended to be acted upon as genuine.
(5)
Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any false document knowing it to be false and to have been made with the intention that it be used or acted on (in New Zealand or elsewhere) as genuine.
False document - definition s255
false document means a document—
(a)
of which the whole or any material part purports to be made by any person who did not make it, or by a fictitious person; or
(b)
of which the whole or any material part purports to be made by or on behalf of any person who did not authorise its making, or on behalf of a fictitious person; or
(c)
of which the whole or any material part has been altered, whether by addition, insertion, deletion, obliteration, erasure, removal, or otherwise, and that purports to have been altered by or on behalf of a person who did not alter it or authorise its alteration, or by or on behalf of a fictitious person; or
(d)
that is, in whole or in part, a reproduction of any other document, and that purports to have been made by or on behalf of a person who did not make it or authorise its making, or by or on behalf of a fictitious person; or
(e)
that is made in the name of a person, either by that person or by that person’s authority, with the intention that it should pass as being made by some other person who did not make it, or by a fictitious person.
Using forged documents
257 Using forged documents
(1)
Every one is liable to imprisonment for a term not exceeding 10 years who, knowing a document to be forged,—
(a)
uses the document to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b)
uses, deals with, or acts upon the document as if it were genuine; or
(c)
causes any other person to use, deal with, or act upon it as if it were genuine.
(2)
For the purposes of this section, a document made or altered outside New Zealand in a manner that would have amounted to forgery if the making or alteration had been done in New Zealand is to be regarded as a forged document.
Altering, concealing, destroying, or reproducing documents with intent to deceive
Section 258:
Altering, concealing, destroying, or reproducing documents with intent to deceive
(1)
Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,—
(a)
alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed; or
(b)
makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.
(2)
An offence against subsection (1) is complete as soon as the alteration or document is made with the intent referred to in that subsection, although the offender may not have intended that any particular person should—
(a)
use or act upon the document altered or made; or
(b)
act on the basis of the absence of the document concealed or destroyed; or
(c)
be induced to do or refrain from doing anything.
(3)
Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document knowing that—
(a)
the document was altered, concealed, or made, in whole or in part, as a reproduction of another document; and
(b)
the document was dealt with in the manner specified in paragraph (a) with intent to—
(i)
obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(ii)
cause loss to any other person.
Using forged documents - must prove
- document was false
- user knew the document had been made with knowledge and intent under 256 forgery
Forgery vs altering etc
Forgery - an intent to deceive only is required, not an intent to obtain by deception.
Forgery must meet definition of false document (S255)
In the offence of altering etc - you must prove that the offender intended to obtain by deception.
Using an altered document
259 Using altered or reproduced document with intent to deceive
(1)
Every one is liable to imprisonment for a term not exceeding 10 years who, knowing any document to have been made or altered in the manner and with the intent referred to in section 258, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,—
(a)
uses, or deals with, or acts upon, the document; or
(b)
causes any person to use or deal with, or act upon, the document.
(2)
For the purposes of this section, it does not matter that the document was altered or made outside New Zealand.
Using altered documents with intent to deceive - mental elements
1) knows the document has been altered etc
2) must have intended by the employment of the document or causing another to rely on it - obtain by deception any property …
3) intent to retain the property or cause loss by deception any
Computer Crime - access definition:
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
Widely defined and covers most interactions with a computer.
Access requires that the person instructing or communication with the computer system has some from of connection with the computer system.
Computer system- defined
computer system—
(a)
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, output, processing, storage, software, or communication facilities, and stored data.
Accessing a computer system for dishonest purpose:
S249 CA 1961
Accessing computer system for dishonest purpose
(1)
Every one is liable to imprisonment for a term not exceeding 7 years who, directly or indirectly, accesses any computer system and thereby, dishonestly or by deception, and without claim of right,—
(a)
obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b)
causes loss to any other person.
(2)
Every one is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and without claim of right,—
(a)
to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b)
to cause loss to any other person.
(3)
In this section, deception has the same meaning as in section 240(2).
Damaging or interfering with a computer system
S250 CA 1961
Damaging or interfering with computer system
(1)
Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys, damages, or alters any computer system if he or she knows or ought to know that danger to life is likely to result.
(2)
Every one is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly, and without authorisation, knowing that he or she is not authorised, or being reckless as to whether or not he or she is authorised,—
(a)
damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
(b)
causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or
(c)
causes any computer system to—
(i)
fail; or
(ii)
deny service to any authorised users.
Accessing Computer System without authorisation
252 Accessing computer system without authorisation
(1)
Every one is liable to imprisonment for a term not exceeding 2 years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system.
(2)
To avoid doubt, subsection (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.
