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What is meant by the following terms reffered to in section 240(1)(b) of the CA 61
a) Debt
B) Liability


Debt means money owing from one person to another

Liability means a legally enforceable financial obligation to pay, such as the cost of meal


Where a person has been induced to part with goods by deception, what are two steps he can take to avoid the deceiver’s title

  1. Take all other possible steps to bring it to the offender’s notice E. G by writing a letter
  2. Advise the police that the goods were obtained by deception

To successfully prosecute a person on a charge of (using altered or reproduced documents with intent to deceive) under section 259 CA 61, name three mental elements you must prove

  1. The defendant must know that the document had been altered with intent to deceive
  2. The defendant must have intended by the employment of the document, or by causing another to use or rely on it, to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person
  3. There must be an intention to acquire or retain the property ect or to cause loss, “by deception”

How is the term (representation) interpreted (not defined) by the courts
Include case law


Representation is not defined by the courts.
Representations can be oral, documentary, by conduct, or combo of all.
R v Morley explains that a representation must relate to a statement of existing fact rather than a statement of future intention


An offender knowingly presents to the retailer an item with two price tags for different amounts, aware that the higher amount is the correct price, he shows the lower price to the checkout operator and obtains the item for the lower price. He is apprehended by police some two days later for this offence
a) what offence has the offender committed
B) who has title to the item obtained by the offender


A) Obtains by Deception

B) Title would belong to the offender which has been obtained by deception


The prosecution must establish either that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false.
State your understanding in relation to the term
False in a material particular


The prosecution must establish either that the defendant knows or believes his representation is false in a material particular, or is reckless as to whether it is false. A minor detail may amount to a “material particular” if it is of consequence to the facts of the case. The question of materiality will be assessed objectively
Material particular is not defined in the CA 61 and can be given its usual meaning of an important, essential or relevant detail or item


Investigations into company fraud complaints will usually involve enquiries with the Ministry of Commerce.
State 4 possible sources available there

  1. Registrar of companies
  2. Companies Office
  3. Official assignee
  4. Insolvency services

A) What “knowledge” must an accused person have to be liable for making a false representation
B) How can “knowledge” be established?


A) The Accused must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

B) knowledge can be established by:

  • an admission
  • implication from the circumstances surrounding the event
  • propensity evidence

The term computer system is defined in s248 of the CA 61

State the definition


Computer system means
I) a computer or
ii) 2 or more interconnected computers or
iii) any communication links between 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


Propensity evidence may be relevant in some deception cases. When may evidence of propensity be called in cases of deception?


Propensity evidence, whether on previous or later occasions to the offence charged, is admissible in cases where there is sufficiently strong connection between the offences

Relevant to specific offences with a discernable methodology or pattern
Persistent dishonesty across the board would not in itself bring the propensity rule into play


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


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

  • the account holders full name, occupation, private and business addresses and telephone numbers
  • the date the account was opened
  • the account history and how it has been operated
  • the date the card was reported missing
  • how and by whom a loss was reported
  • the serial numbers of any missing cheques
  • details of any cheques dishonored and returned
  • whether the account holder is suspected of issuing valueless cheques

Note: Also find out if there are other banks to which cheques have been returned and, if possible, details of the people and firms defrauded.


What two points were made in the case R v Harney / Cameron v R in relation to recklessness


Cameron v R
Recklessness is established if:
a) the defendant recognised that there was a real possibility that :
I) his or her actions would bring about the proscribed result
Ii) that the proscribed circumstances existed
B) having regard to that risk those actions were unreasonable.


When interviewing a victim who alleges they have been defrauded, what two important questions should be asked by the investigator

  1. That the false representation was believed and,

2. That it was the consequence of that belief that the victim parted with his or her money


What are the essential ingredients of the forgery offences as set out in 256(1) CA 61


Everyone is liable to imprisonment for a term not exceeding 10 years,
Makes a false document
With the intention of using it to obtain any property, privilege, pecuniary advantage, benefit, or valuable consideration


You are investigating a cheque fraud series where the account has been opened and a chequebook obtained using fictitious details. Apart from the normal bank enquiries in relation to cheque offences, list four possible enquiries you should make regarding the offender opening the account with the bank.

  1. The account number and date it was opened
  2. The nature and amount of the first deposit
  3. Details of any other deposits
  4. The details used when the account was opened
  5. Descriptions of the suspect and any of their associates at the time
  6. The names and addresses of the employee who opened the account and any other employees who can identify the suspect. Interview these employees and obtain statements.
  7. The serial numbers of the cheques supplied
  8. Details of the dishonored cheques and the people or firms defrauded.

Ingredients of S228 of the Crimes Act 1961 taking or using a document


Everyone is liable to imprisonment for a term not exceeding 7 years who
With intent to obtain any property, service, pecuniary advantage or valuable consideration
A) Dishonestly and without claim of right takes or obtains any document
B) Dishonestly and without claim of right, uses or Attempts to use any document


Apart from a false representation what matters would constitute a deception defined under s240(2) of the CA 61


a) A false representation…
B) An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it or
C) A fraudulent device, trick, or stratagem used with intent to deceive any person


An offender using false name and address hires an electric drill from the local hire shop. The drill is found at his home some months later and he claims that he did intend to return it at some stage but didn’t get around to it
A) what is the appropriate offence
B) who has title to the drill


A) Obtains by Deception s240

B) the hardware store has title to the drill. Title was never passed to the offender


Ingredients for obtaining credit by deception s240 (1)(b)


by any deception
And without claim of right
In incurring any debt Or liability, obtains credit


What was held in the case R v Morley as it relates to s240 (2) In relation to an intention to deceive


R v Morley
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.


In relation to s240(2), besides a false representation by oral what other ways can a false representation be made


a) A false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and
i) knows that it is false in a material particular or
ii) is reckless as to whether it is false in a material particular


What is the definition of obtain as per section 217


Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person


R v Hayes

Pecuniary Advantage


A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage


What are the two core elements when it comes to an offence of s220 theft by a person in a special relationship


a) that he or she have received property on terms or in circumstances which, to the accused knowledge, affect what the accused may do with the property or its proceeds or require the accused to act in accordance with the requirements of another person, and
B) that the accused Intentionally departed from the relevant obligation.


What is the difference between forgery and altering and reproduction of a document

  • The difference between the offences of forgery and altering or reproducing a document rest in the varying definitions of “document ‘ and’ intent’
  • With forgery, an intent to deceive only is required, not an intent to obtain by deception.
  • In the offence of altering, concealing, destroying, or reproducing a document, you must prove that the offender intended to obtain by deception
  • Any document can be altered or reproduced in the charge of altering, concealing, destroying, or reproducing a document. However, in a charge of forgery the document must be a false document as defined by the CA 61

Define Claim of right


Claim of right means a belief at the time of the Act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed


Define “Acess” when it comes to computer offences


The term ‘access in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of the resources of the computer system.


Define property


Property includes real and personal property and any estate or interest in any real property, money, electricity, and any debt, and anything in action, and any other right or interest


Define credit as per Fisher v Raven


Define credit as per Fisher v Raven
Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods


Define False representation under s240(2)


A false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and

i) knows that it is false in a material particular
ii) is reckless as to whether it is false in a material particular