Practical

Question 1

List the things a judge may consider when considering propensity evidence

Answer 1

1. The frequency with which the acts, omissions, events, circumstances which are the subject of the evidence have occured
2. The connection in time between the acts, omissions, events, circumstances which are the subject of the evidence and the acts, omissions, events, circumstances which constitute the offence for which the defendant is being tried
3. The extent of the similarity between the acts, omissions, events, circumstances which are the subject of the evidence and the acts, omissions, events, circumstances which constitute the offence for which the defendant is being tried
4. The number of persons making allegations against the defendant that are the same as or similar to the the subject of the offence for which the defendant is being tried
5. whether the allegations described above may be the result of collusion or suggestibility
6. the extent to which the acts, omissions, events, circumstances which are the subject of the evidence and the acts, omissions, events, circumstances which constitute the offence for which the defendant is being tried are unusual

Question 2

The key to a successful company fraud investigation is to seek advise early. Outline the suggested sources of specialist information you should canvass and the type of assistance those sources can provide the investigation

Answer 2

Police accountants and legal officers - Police forensic accountants are based in auckland, wellington and christchurch, Can give advise and if necessary assist personally, Legal section can help in preparing search warrants, production orders and charges

Ministry of Business, Employment and Innovation - possible sources of information include registrar of companies, company’s offifer, official assignee and insolvency servies

Commerce Commission - can assist with fair trading act, unsolicited goods and servies act and pyramid selling

Financial Markets Authority - can assist with securites act and issuing of prospectuses

NZ Customs - Can assist with international travel and Caps alerts

Liquidators and Receivers - They administer companies that have gone into liquidation or receivership. They are usually accountants

Question 3

Police investigating the fraudulent use of credit cards or cheques must conduct enquiries with the bank where the account is domiciled. list the information an investigator must obtain from the bank accounts manager

Answer 3

In all cases contact the accounts manager at the bank where the account was domiciled and find out:

1. The account holders full name, particulars
2. The date the account was opened
3. The account history and how it had been operated
4. The date the cheque book or credit card was reported missing
5. How and buy whom a loss was reported
6. The serial numbers of any missing cheques
7. The details of any cheques dishonoured and returned
8. Whether the account holder is suspected of issuing valueless cheques