Short Answers

Question 1

What is meant by the terms debt and liability in s240(1)(b) CA 1961

Answer 1

Debt - Money owing from one person to another

Liability - Means legally enforceable financial obligation to pay, such as the costs of a meal

Question 2

Where a person is induced to part with goods, by deception, what are 3 steps a person could take to void the offenders title

Answer 2

1) Advising the offender by letter or in person that they are aware of the deception
2) If they cannot contact the offender issue a public notice
3) Make a complaint to Police about the deception

Question 3

To successfully prosecute a person on a charge of using an altered or reproduced document with intent to deceive, under s259 CA 1961, name 3 mental elements you must prove

Answer 3

1) The Defendant must know the relevant matters relating to the document in question is, 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, obtain by deception, any property, privilege, service, benefit, pecuniary advantage, valuable consideration or cause loss to any other person, intention to retain the property will suffice
3) There must me an intention to acquire or retain the property or to cause loss by deception

Question 4

How is the term representation interpreted (Not defined) by the courts. State the case law

Answer 4

SIMESTER and BROOKBANKS
Examples have included representations about the past or present fact, about a future event or about an existing intention, opinion, belief, knowledge or other state of mind. It must be capable of being false so it must contain a proposition of fact

Question 5

An offender knowingly presentsto the retailer an item with 2 price tags for different amounts aware the higher amount is the correct price, he shows the lower price to the checkout operator and obtains the lower price. He is apprehended two days later for this offence.

What offence is committed?
Who has title to the item?

Answer 5

Offence - Obtains by deception

Title - The offender has title although the title is a voidable title

Question 6

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

Answer 6

It is an important, essential, relevant detail or item. A minor detail may amount to a material particular if it is relevant to the case.

Question 7

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

Answer 7

• Registrar of Companies
• Companies Office
• Official Assignee
• Insolvency Services

Question 8

What knowledge must an accused person have to be liable for making a false representation?

Answer 8

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

Question 9

How can knowledge be established with respect to an accused person making a false representation

Answer 9

• An Admission
• Implication from the circumstances surrounding the event
• Propensity evidence

Question 10

The term computer system is defined in s 248 CA 1961. What is the definition

Answer 10

S 248 CA 1961

(a) (i) a computer; or
(ii) 2 or more interconnected computers; or
(iii) any communication links between computers or to remote terminals or other devices; or
(iv) 2 or more interconnected computers combined with any communication links between computers to remote terminals or any other device; and

(b) Includes any part of the items described in paragraph (a) all related input, output, processing, storage or communication facilities and stored data

Question 11

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

Answer 11

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

Question 12

What are the two main points held in R v Harney in relation to recklessness

Answer 12

Recklessness involves foresight of dangerous consequences that could well happen together with the intention of continuing the course of action regardless of the risk

Question 13

An offender ires a drill from the shop using false details, the drill is found at his home some months later snd he claims he was going to return it but didn’t get around to it. What is the most appropriate offence?

Answer 13

Obtains by Deception - S240(1)(a) CA 1961

The shop owner has title of the drill as he did not fully part with the drill as the drill was for hire and not sold to the offender

Question 14

Paul is a director of a small company installing windows for domestic property owners. He has a large backlog of jobs to complete due to manufacturing delays by his suppliers in making the windows. His financial situation deteriorates and he continues to receive deposits from his bills. Paul thinks he can trade his way out of the financial difficulty. Is Paul criminally liable for Deception? Explain?

Answer 14

Paul has committed no offence as he thinks he can trade his way out of the financial difficulty as the problem is a result of delays caused by his supplier in making the windows for his clients.

Question 15

What are the essential ingredients of forgery as set out in s256(1) CA 1961?

Answer 15

Everyone who males a false document,with an intention of using it, to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration

Question 16

Apart form false representation, what matters would constitute a deception as defined under s240(2) CA 1961

Answer 16

• There was an intent to deceive
• That there was a representation made by the offender
• An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it
• A fraudulent device, trick or strategy used with intent to deceive any person

Question 17

When interviewing an offender who alleges they have defrauded (stolen credit card or cheque), what 2 questions should be asked by the investigator?

Answer 17

• Find out the identity used by the offender

- Obtain descriptions of the offender, the property obtained and the vehicle used

Question 18

What is the definition of deception in 240(2)?

Answer 18

(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 it to be false in a material particular; or
ii) is reckless as to whether it is false in a material particular

Question 19

What are the essential ingredients of s228 CA 1961, Takes or Using a document?

Answer 19

Everyone is guilty of an offence who

1. 1 With intent to obtain any property or service, or pecuniary advantage or valuable consideration
2. 2 Dishonestly
3. 3 And without claim of right
4. 4 Uses or attempts to use any document

Question 20

What was held in R v Morley relating to s240(2) in relation to intention to deceive?

Answer 20

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

Question 21

You are investigating a series of cheque fraud where an account has been opened and a cheque book obtained using fictitious details. Apart from the normal bank enquiries in relation to cheque offences, list 4 possible enquiries you should make regarding the offender opening the account with the bank

Answer 21

• The account number and the date it was opened
• The nature of the first deposit
• Details of any other deposits
• The details used when the account was opened

Question 22

What are the ingredients of Obtaining Credit by Deception - s240(1)(b) CA ‘61

Answer 22

Everyone is guilty of an offence who:

1. 1 By any Deception
2. 2 And without Claim of Right
3. 3 In incurring any Debt or Liability
4. 4 Obtains Credit

Question 23

In relation to s240(2) CA 1961, besides making a false representation orally, what other ways can a representation be made?

Answer 23

Documentary, conduct or fraudulent trick or stratagem

Question 24

What is the definition of Obtains as per s217 CA 1961

Answer 24

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

Question 25

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

Answer 25

(a) that he or she has received property on terms or under circumstances which, to the Defendant’s knowledge, affect what the Accused may do with the property or it’s proceeds or require the Defendant to act in accordance with the requirements of another person, and
(b) that the Defendant departed from the relevant obligation

Question 26

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

Answer 26

• 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

Question 27

Define Claim of Right

Answer 27

s2 CA 1961

In relation to any act, 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, although that belief may be based on ignorance or mistake of fact; or of any other matter of law other than the enactment against which the offence is alleged to have been committed

Question 28

Define the term ‘access’ under s248 - Computer systems?

Answer 28

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

Question 29

Define property

Answer 29

s2 CA 1961

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

Question 30

Define Credit as per Fisher V Raven

Answer 30

Refers to the obligation on the debtor to pay or repay, and the time given for him to do so by the creditor. Credit does not extend t the obligation to supply the service or the goods.

Question 31

What was held in Hayes V R with respect to a pecuniary advantage?

Answer 31

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