AO

Question 1

1. What you need to prove for a charge of AATF?

Answer 1

1. The person who is received, comforted or assisted by the accessory was party to an offence that has been committed.
2. At the time of the receiving, comforting or assisting that person, the accessory knows that person was a party to the offence
3. The accessory received, comforted or assisted that person or tampered with or actively suppressed evidence against that person
4. At the time of receiving, comforting or assisting the accessory’s purpose was to enable that person to escape after arrest or avoid conviction.

Question 2

2. In relation to Receiving, four examples of circumstantial evidence of guilty knowledge?

Answer 2

1 . Items bought at gross undervalue

2. Items purchased in an odd location e.g the pub
3. No original packaging or guarentee
4. There is secrecy around the purchase
5. Possession of goods that were recently stolen

Question 3

In relation to an offence how do you prove the accused is sufficiently proximate?

Answer 3

1. Done or omitted to do some acts that is/are sufficiently proximate to the full offence
2. Started to commit the full offence and gone beyond the phase of mere preparation

Question 4

If you are sufficiently proximate in an attempt what cannot be used as a defence

Answer 4

1. They were prevented by some outside agent from doing something that was necessary to complete the offence
2. Failed to complete the full offence due ineptitude, inefficiency or insufficient means
3. Were prevented from committing the offence because an intervening event made it physically impossible

Question 5

What are the mental elements for a conspiracy

Answer 5

1. Intention to make an agreement, and

2. Intention that the relevant course of conduct should be pursued by those party to the agreement

Question 6

What constitutes a party to an offence

Answer 6

(1) Everyone is party an guilty of an offence who:
(a) Actually committed the offence, OR
(b) Does or omits an act for the purpose of aiding any person to commit the offence, OR
(c) Abets any person in the commission of the offence, OR
(d) Incites, counsels or procures any person to commit the offence

Question 7

What are the intents of Accessory after the Fact

Answer 7

1. Receive or
2. Comfort or
3. Assists and
4. Tampers with Evidence or
5. Actively Suppresses Evidence

Question 8

Before criminal proceeds can be taken what must happen?

Answer 8

1. Restraining order is the first step in the asset seizure process. The application must show, reasonable grounds to believe property has been acquired or directly or indirectly derived from significant criminal activity.

Question 9

What must the high court be satisfied of before profit forfieture

Answer 9

On the balance of probabilities that:

1. The respondent unlawfully benefited from significant criminal activity
2. The respondent has interests in the property

Question 10

What must the prosecution prove to show a defendant had control over stolen property

Answer 10

Prosecution must prove:

1. Receiver arrange for the property to be delivered there, or
2. Upon discovering the property, he or she intentionally exercised control over it.
3. Intent to possess must be satisfied

Question 11

When is receiving complete?

Answer 11

As soon as the offender has either exclusively or jointly with the thief or some other person taken possession of or control over the property or helps in concealing or disposing of the property.

Question 12

What are six examples of conspiring or misleading justice

Answer 12

• Preventing witness from testifying
• Threatening or bribing witness
• Wilfully going absent as a witness
• Arranging a false alibi
• Concealing the fact that an offence has been committed.
• Threatening or bribing Jury members

Question 13

When can you not prosecute for an attempt

Answer 13

• Criminality depends on recklessness or negligence (manslaughter)
• Attempt is included within the definition of that offence (assault)
• The act has to be committed in order for it to be an offence at all.

Question 14

What is an exception to the hearsy rule

Answer 14

Parties or conspirators that are jointly charged, any evidence they give against the co offenders to further the crime is admissable

Question 15

What is the defintion of a serious offence under money laundering?

Answer 15

Offence punishable by imprisonment for a term of 5yrs or more and includes any act, wherever committed, that if committed in NZ would constitute an offence punishable by imprisonment for a tern of 5yrs or more.

Question 16

What are the three things the crown must prove under attempts?

Answer 16

• Intent to commit an offence
• Act that they did or omitted to do something to achieve that end
• Proximity, that their act or omission was sufficiently close

Question 17

R v Sanders

Answer 17

Conspiracy doesn’t end with the making of an agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by the completion of its performance or abandonment or in any other manner by which agreements are discharged.

Question 18

What three elements must be proved for recieving

Answer 18

• Must be property that has been stolen or obtained by an imprisonable offence
• The accused must have received that property which requires that the receiving must be from another.
• The accused must receive that property in the knowledge that it has been stolen or illegally obtained or being reckless to that possibility.

Question 19

R v Larkins

Answer 19

While unnecessary that the principle offender should be aware that he or she is being assisted, there must be proof of actual assistance. The mere commission of an act intended to have that effect is insufficient.

Act relied on must occur prior to or contemporaneous with the commission of the offence.

Question 20

21. What knowledge or belief must you establish before a suspect can be charged with ‘Money Laundering’ Sec. 243 (2)?

Answer 20

Must prove knowledge that it was proceeds of such and offence or recklessness that it was proceeds of such an offence

Question 21

What are the essential ingredients for fabricating evidence under s113 of CA 1961

Answer 21

• Intent to mislead any tribunal holding a judicial proceeding to which Sec. 108 applies
• Fabricates evidence by means other than perjury

Question 22

When should you lay a conspiracy charge and when a substantive charge

Answer 22

Generally, conspiracy charge not to be filed when substantive charge can be proved because:

• Evidence only admissible on the conspiracy charge may have prejudicial effect in relation to other charges
• Judge may disallow the evidence as too prejudicial
• Addition of conspiracy charge my unnecessarily prolong and complicate trial
• Where charge of conspiracy is not founded on evidence or is abuse of process, it may be quashed
• Severance may be ordered

Question 23

When can opinion evidence be given?

Answer 23

A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate or the fact finder to understand what the witness saw, heard or otherwise perceived. (E.g. age, speed or physical or emotional state or people.)

Question 24

What intents are required for perjury

Answer 24

The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal.

There must be an intention to mislead the tribunal, where this intention is absent, no offence is committed.

Question 25

What is the doctrine of recent possession?

Answer 25

The presumption that recently stolen property is, in absence of satisfactory explanation, evidence to justify a belief that possessor is either the thief or has committed some other offence associated with the theft of property. Allows for proof by way of circumstantial evidence.

Question 26

What is an unlawful benifit

Answer 26

A person who knowingly, directly or indirectly derived a benefit from significant criminal activity (whether or not that person undertook or was involved in the significant criminal activity)

Question 27

What is tainted property

Answer 27

Sec. 5 Criminal Recovery Act 2009
Tainted Property
a) means any property that has, wholly or in part been
(i) acquired as a result of significant criminal activity or
(ii) directly or indirectly derived from significant criminal activity
(iii) AND
(b) Includes any property that has been acquired as a result of, or directly or indirectly derived from, more than 1 activity if at least 1 of those activities is a significant criminal liability.

Question 28

Under s66(2) CA 1961 what is a party to an offence?

Answer 28

Two or more people form a common intention to prosecute any unlawful purpose
and to assist each other therein
each of them is therefore a party to every offence committed by any one of the parties if the offence committed was considered a probable consequence of the prosecution of the common purpose.

Question 29

R v Renata

Answer 29

Three offenders beat victim to death in tavern carpark and unable to establish which blow was the fatal one. Court held, where the principle offender cannot be identified, sufficient to prove that each individual accused must have been principal or party in one of the ways contemplated by Sec. 66 (1)

Question 30

What must be proved to charge an offencer with being a party?

Answer 30

• The identity of the defendant
• An offence has successfully been committed,; and
• The ingredients of the offence (s66(1)) have been satisfied

Question 31

Ashton v Police

Answer 31

Secondary party owing a legal duty to a third person or to the general public is a person teaching another to drive. They are under a legal duty to take reasonable precautions and are deemed to be in charge of a dangerous thing.

Question 32

What is the test for proximity as outlined in Siminster and Brookbanks

Answer 32

Has the offender -

• Done anything more than getting himself into a position from which he could embark on an actual attempt? Or
• Actually commenced execution; that is to say, has he taken a step in the actual offence itself?

Question 33

What is wilful blindness?

Answer 33

A person is considered Wilfully Blind in only two situations, these being:

• The person deliberately shuts their eyes and fails to inquire; because they knew what the answer would be; or
• Means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order not to know.

Question 34

When can a person withdraw from an agreement

Answer 34

A person withdrawing from an agreement is still guilty of conspiracy as are those people who become party to the agreement after it has been made. However, a person can withdraw before the actual agreement is made.

Question 35

Who is a secondary offender?

Answer 35

Those who assist the principal offender, either before or during the commission of an offence are considered secondary offenders and thus their liability generally lies within the scope of s66(1)(b), (c) or (d)

Question 36

What are the ingredients of perjury?

Answer 36

• In any judicial proceeding
• Forming part of what the witness’s evidence on oath
• Known by that witness to be false, and
• Intended to mislead the tribunal

Question 37

R v Donnolly

Answer 37

Where stolen property has been physically recovered by Police, it is legally impossible to commit the crimes of Receiving or Attempted Receiving in respect of it, although there may be evidence of conspiring to receive property dishonestly obtained.

Question 38

Define aids, abets, incites counsels and procures

Answer 38

Aids – Assist in commission of offence, either physically or by offering advice
Abets – Instigate, encourage or urge another to commit an offence
Incites – Rouse, Stir up, stimulate or animate or spur or urge on a person to commit an offence
Counsels – Intentionally instigate the offence by advising or planning for another person

Question 39

What should be covered when interviewing suspects and witnesses about conspiracy?

Answer 39

Witnesses:
- Identity of people present at the time of agreement
- Whom the agreement was made
- What offence was planned
- Acts carried out to further the common purpose
Suspects:
- Existence of an agreement to commit an offence
- Existence of an agreement to omit something that would amount to an offence, and
- The intent of those involved in the agreement
- The identity of all person concerned if possible
- Whether anything was written , said or done to further the common purpose

Question 40

What should be covered when interviewing suspects of money laundering?

Answer 40

Suspects:

• Legitimate income
• Illegitimate income
• Expenditure
• Assets
• Liabilities
• Acquisition of financial records banks, loan sharks, finance companies, family trust documents
• Clarification of documentary evidence located

Question 41

What are some examples of conspiracy to mislead justice?

Answer 41

• Preventing witness from testifying
• Threatening or bribing witness
• Wilfully going absent as a witness
• Arranging a false alibi
• Concealing the fact that an offence has been committed.
• Threatening or bribing Jury members
• Supplying false information to Probation Officers
• Assisting a wanted person to leave the country
• Intentionally giving Police false information to obstruct their enquiries

Question 42

What four elements need to be proved under money laundering?

Answer 42

• Dealing with property or assisting with such dealing
• Source of property being the proceeds of an offence punishable by 5yrs imprisonment or more committed by another person
• Knowledge or belief that the property was the proceeds of such an offence, or recklessness as to whether it was the proceeds of such an offence
• An intention to conceal the property

Question 43

5. Detail matter that you must include in an Affidavit for a restraining order application?

Answer 43

• O/C details
• Offender details, charges, criminal convictions
• Search Warrant: Nature of offending discovered at or involving the property concerned.
• If value of asset is high, you need to demonstrate that the offending was at more of a commercial level.
• Admissions made during interview
• Property, describe property sought to be restrained and value
• Show the offender owns, has custody or control.

Question 44

What are the two main points from R v Renata

Answer 44

• Each offender satisfies the ingredients of the offence committed.
• Each offender separately satisfies the actus reus