TA SA Flashcards
What is meant by the following terms referred to in section 240(1)(b) CA1961:
A) Debt
B) Liability
Debt means money owing from one person to another
Liability means a legally enforceable financial obligation to pay, such as cost of a 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?
Take all other possible steps to bring it to the offenders notice E.G writing a letter
Advise the police that the gods 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 CA1961, name three elements you must prove
Firstly - The defendant must know that the document had been altered with intent to deceive
Secondly - 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.
Thirdly - There must be an intention to acquire or retain the property ect, or to cause loss ,By deception”.
The term (representation) interpreted (not defined) by the courts, State the relevant case law in your answer
This is not defined. Examples have included representations about a past or present fact, about a future event, or about an existing intention, opinion, belief, knowledge r other state of mind. It must be capable of being false so it must contain a proposition of fact: Simester and Brookbanks
An offender knowingly presents to a 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 was 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 “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 Crimes Act and can be give 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 four possible sources available there:
Registrar or companies
Companies office
Official assignee
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 certainly 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 CA1961. State the definition
Computer system means:
(i) A computer: or
(ii) 2 or more interconnected computers; or
(iii) Any communication links between 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 of deception where there is sufficiently strong connection between the offences.
