Association

Question 1

Define conspiracy include act and section

Answer 1

Sec 310 CA1961
Everyone who
Conspires
With any person
To commit any offence or
To do or omit in any part of the world,
Anything of which the doing or omission in NZ would be an offence

Question 2

Mulcahy v R

Answer 2

A Conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful fact, or to do a lawful act by unlawful means. So long as such design rests in intention only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself.

Question 3

Discus withdrawing from the agreement

Answer 3

A person withdrawing from the 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 effectively withdraw before the agreement is made.

Question 4

R V Sanders

Answer 4

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

Question 5

R V White

Answer 5

Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown., that suspect can still be convicted even if the identity of the others is never established and remains unknown.

Question 6

What does section 67 of crimes act 1961 cover

Answer 6

A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union party and any other person

Question 7

What does section 7 of Crimes act 1961 cover

Answer 7

A person charged with conspiracy need not have been in New Zealand at the time of the act, omission or event.

It is an offence not only to conspire to commit na offence in New Zealand, but also to conspire to do or omit in any part of the world, anything the doing or omitting of which would be an offence if done or omitted in New Zealand. Not all acts or omissions forming part of the offence need be committed in New Zealand, some perhaps almost all may occur outside.

Question 8

Attempts act and section

Answer 8

Section 72 Crimes Act 1961
Everyone who
Having an intent to commit an offence
Does or omits an act
For the purpose of accomplishing his objective

Question 9

R v RING

Answer 9

in this case the offenders intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions.

Question 10

Sec 72(3) covers proximity

Answer 10

The accused must have done or omitted to do some act(s) that is/are sufficiently proximate to the full offence. Effectively the accused must have started to commit the full offence and have gone beyond mere preparation.

Question 11

Provide examples of acts that may constitute an attempt to commit an offence

Answer 11

• Lying in wait, searching for or following the contemplated victim
• Enticing the victim to go to the scene of the contemplated crime
• reconnoitring the scene of the contemplated crime
• unlawfully entering a structure, vehicle, or enclosure in which it is contemplated that the crime will be committed
• possessing, collecting, or fabricating materials to be employed in the commission of the crime
• soliciting an innocent agent to engage in conduct constituting an element of the crime

Question 12

R v HARPUR

Answer 12

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendants conduct may be considered in its entirety. Considering how much remains to be done… is always relevant. Though not determinative

Question 13

R v Donnelly

Answer 13

Where stolen property has been returned to the owner or legal title to such property acquired by any person, it is not an offence to subsequently receive that property, even though the receiver may know the property had previously been stolen or dishonestly obtained

Question 14

Unable to charge for attempt where

Answer 14

• the criminality depends on recklessness or negligence eg manslaughter
• an attempt to commit an offence is included within the definition of that offence eg assault
• the offence is such that the act has to have been completed in order for the offence to exist at all. Eg demanding with menace.

Question 15

Parties

Answer 15

Section 66, Crimes Act 1961
1: everyone is party to and guilty of an offence who:
(a) actually commits the offence
(b) Does or omits an act for the purpose of aiding any person to commit the offence
(c) abets any person in the commission of the offence
(d) Incites, counsels, or procures any person to commit the offence

2. Where two or more people form a common intention to prosecute any unlawful purpose. And to assist each other therein, each of them is a party to every offence committed by anyone of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

Question 16

Section 70 CA 1961

Answer 16

1: everyone who invites, counsels or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled or suggested.

2. Every one who incites, counsels or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting counselling or procuring and which the first mentioned person knew to be likely to be committed in consequence thereof

Question 17

R v Pene

Answer 17

A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged

Question 18

Name two methods by which multiple offenders may be considered to be principals

Answer 18

Method 1 - each of the prinicipal offenders may, separately, satisfy the necessary elements of the relevant offence committed.
Method 2 - each offender separately some part of the actus reus, where their actions, when combined with the actions of the other person, satisfy the complete actus reus requirement of the offence. Their actions must also be accompanied by the requisite mens rea. These situations are true representations of joint principals working together, in that it is sufficient that each party carries out part of the actus reus and as such can be held liable.

Question 19

R v Renata

Answer 19

The court held that where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the ways contemplated.

Question 20

To be party to the offence the acts of the secondary offender must be earlier in time or contemporaneous with the acts of the principal offenders whether the acts are contemporaneous or dependant on the circumstances of the case.
True or false

Answer 20

True

Question 21

Define aids

Answer 21

To aid means to assist in the commission of the offence, either physically or by giving advice and information. In order to aid, the presence of the person offering the aid is not required at the scene, before, or at the time of the offence being committed.

Question 22

Larkins v police

Answer 22

While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance

Question 23

Define abets

Answer 23

Abets means to instigate or encourage, that is to urge another person to commit the offence. As with aiding the presence of the abettor at the scene of the offence at the time of its commission is not required

Question 24

Ashton v police

Answer 24

An example of secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive. That person is in the New Zealand under legal duty to take reasonable precautions, because under s156 of the crimes act 1961 he is deemed to be in charge of a dangerous thing

Question 25

R v Russel

Answer 25

The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from so doing, and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and this a secondary offender

Question 26

Define incite

Answer 26

Means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence. For example, a sport fan spurs on another fan to assault a protesters and yells approval while the offence takes place

Question 27

Define counsel

Answer 27

Counsel means to intentionally instigate the offence by advising a person on how best to commit an offence, or planning the commission of an offence for another person. Counselling may also mean “urging someone to commit an offence” in which case it will overlap with incitement

Question 28

Define procurement

Answer 28

Setting out to see that something happens and taking the appropriate steps to ensure that it does.

Procure requires that the secondary party deliberately causes the principal party to commit the offence. It requires a stronger connection between the secondary party and the commission of the offence.

Question 29

Party to secondary offence
Section 66, Crimes Act 1961

Answer 29

Where two or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is party to every offence committed by any of them in the prosecution of the common purpose of the commission of that offence was known to be a probable consequence.

Question 30

R v Betts and Ridley

Answer 30

An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.

Question 31

Can a secondary party be convicted if the principal has not yet been located, charged or convicted?

Answer 31

A person is capable of conviction as a secondary party to an offence that has been committed, whether or not police have located, charged or convicted the principal

Question 32

Incidences where the principal cannot be convicted

Answer 32

Where the principal cannot be convicted due to infancy, insanity or death a secondary party may still be convicted

Question 33

Attempt to procure commission of offence
Sec 311(2) CA 1961

Answer 33

Everyone who incites, counsels, or attempts to procure any person to commit any offence, when that offence is not in fact committed, is liable to the same punishment as if he had attempted to commit the offence, unless in respect of any such a case a punishment is otherwise expressly provided by this act or some other enactment.

Question 34

In what situations does a person become liable as a party to an offence under section 66(1) of CA 1961

Answer 34

• Where they actually commit the offence
• Do or omit an act for the purpose of aiding any person to commit the offence
• abet any person in committing an offence
• incite, counsel or procure any person to commit an offence

Question 35

What is the distinction between ‘aiding and abetting’ AND ‘inciting, counselling and procuring’

Answer 35

In general terms aiding and abetting requires the aider or abettor to assist in the commission of the offence, either physically or by giving advice and information. In order to aid, the presence of the person offering the aid is not required at the scene, before, or at the time the offence is committed.

Whereas with inciting, counselling and procuring describe the actions taken before the offence is committed

Question 36

How might involvement of parties be established.

Answer 36

1. A reconstruction of the offence committed, this indicating that more than one person was involved or that the principal offender was in receipt of advice or assistance.
   - the principal offender acknowledges or admits others involved
   - a suspect or witness admitting to providing aid or assistance when interviewed.
   Witness providing evidence of another’s involvement

Question 37

R v Russell

Answer 37

The defendant was having argument with wife she threatened to kill children and herself and jumped into pool subsequently killing them all. Defendant was convicted of murder as he had a duty of care to render assistance act and help them. By giving his encouragement and authority of his presence and approval to his wife’s act became an aider and abettor thus a secondary offender.

Question 38

Accessory after the fact
Section 71, Ca 1961

Answer 38

An accessory after the fact to an offence is one who, knowing any person to have been party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.

Question 39

What needs to be priced to prove an offence of accessory after the fact

Answer 39

• That the person (person A), who is received, comforted or assisted by the accessory (person b) is a party (principal or secondary party) to an offence that has been committed.
• that, at the time of receiving, comforting, or assisting that person (person A), the accessory (person b) knows that person A was party to the offence.
• that the accessory (person b) received, comforted, or assisted that person (person a) or tampered with or actively suppressed any evidence against that person (person a)
• that, at the time of receiving, comforting or assisting etc, the accessory’s (person b) purpose was to enable that person (person a) to escape after arrest or to avoid arrest or conviction.

Question 40

R v Crooks

Answer 40

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient.

Question 41

Knowledge must exist at the time assistance is given

Answer 41

At the time of the assistance being given, an accessory must possess the knowledge that:
- an offence has been committed and
- the person they are assisting was a party (principal or secondary) to that offence

Question 42

R v Briggs

Answer 42

As with a receiving charge under s346(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 43

R v mane

Answer 43

To be considered an accessory the acts done by the person must be after the completion of the offence.

Question 44

Define receiving or comforts

Answer 44

Harbouring an offender or offering them shelter can be considered receiving and/or comforting eg hiding a prison escapee in a basement

Comforting encompasses situations where an accessory provides an offender with things such as food and clothing.

Question 45

Define assisting

Answer 45

To assist covers a significant number of situations: providing transport, acting as a look out, identifying someone willing to purchase stolen property as a receiver and deliberately providing authorities with false information as to an offenders whereabouts. Giving advice, information, material or services to the offender is also captured.

Question 46

Define tampers with or actively suppresses evidence

Answer 46

These two elements(acts) are more explicit in that they show a requirement for some form of active conduct in respect of the evidence, ie the deliberate concealing of evidence or providing false information to police in respect of it are covered by the section, where as silence or non disclosure such as failing to report an offence to the authorities will not attract liability.

Question 47

Tampers with evidence

Answer 47

Tampers means to alter evidence against the offender. Eg modifying an offenders telephone records to conceal communications that might implicate them.

Question 48

Actively suppresses evidence

Answer 48

This encompasses act of concealing or destroying evidence against an offender. Eg cleaning bloody clothing or burning it

Question 49

What intent must be present in the mind of a person at the time of providing assistance to a party to an offence, so as to make that person liable as an accessory after the fact?

Answer 49

Enable the offender to escape after arrest or
Enable the offender to avoid arrest or conviction

Question 50

Define receives

Answer 50

Harbouring an offender or offering them shelter eg hiding an escapee in a basement

Question 51

Define comforts

Answer 51

Providing shelter, accomodation, food, clothing or other supplies to offender

Question 52

Define assists

Answer 52

Providing transport, acting as a lookout, identifying purchaser for stolen property as a receiver, deliberately providing authorities with false information as to offenders whereabouts, giving advice, information or services to the offender

Question 53

Perjury
Section 108, Crimes Act 1961

Answer 53

• Witness making any
• Assertion as to any matter of fact, opinion, belief or knowledge
• In any judicial proceeding
• forming part of the witness evidence on oath
• known to the witness to be false
• intended to mislead the tribunal

Question 54

Define formal statement

Answer 54

Criminal procedure act 2011
83 false statement in a formal statement deemed to be perjury
A formal statement filed under section 85 is to be treated as evidence on oath given in a judicial proceeding within the meaning of section 108 Crimes Act 1961 (which relates to perjury)

Question 55

False oaths
Sec 110 crimes act 1961

Answer 55

Everyone who being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding

Question 56

False statements or declarations
Sec 111, Crimes act 1961

Answer 56

Everyone who on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding

Question 57

Evidence of perjury, false oath, or false statement
Sec 112 CA 1961

Answer 57

No one shall be convicted of perjury, or any offence against section 110 or section 111 of this act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant

Question 58

Fabricating evidence
Sec 113 CA 1961

Answer 58

Everyone who with intent to mislead any tribunal holding and judicial proceeding to which section 108 applies, fabricated evidence by any means other than perjury

Question 59

Elements of perjury

Answer 59

• A witness making any
  -Assertion as to any matter of fact, opinion, belief or knowledge
  -In any judicial proceeding
• Forming part of that witnesses evidence on oath
• known by that witness to be false, and
• intended to mislead the tribunal

Question 60

Define witness

Answer 60

A witness is a person who gives evidence and I able to be cross-examined in a proceeding, this includes a person who is actively engaged in the process of giving evidence and or on who has previously given evidence. The term witness also includes a person who will give evidence.

Question 61

Define assertion

Answer 61

This is something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertions accuracy

Question 62

Define matter of fact

Answer 62

The term “matter of fact” is used by the courts to distinguish a particular kind of information.
A fact is a thing done, an actual occurrence or event, and it is presented during court proceeding in the form of a witness testimony and evidence

Question 63

Define opinion

Answer 63

Opinion is defined in S4 of the evidence act 2006.

Opinion in relation to a statement offered in evidence? Means a statement of opinion that tends to prove or disprove a fact.

Statement of opinion is not admissible in a proceeding, except as provided by section 24 and 25 of the Evidence Act 2006

Question 64

Knowledge

Answer 64

“Knowing” means “knowing or correctly believing” the belief must be a correct one, where the belief is wrong a person cannot know something.

Question 65

Define oath

Answer 65

This is a declaration before a person who has authority to administer an oath which invokes some religious belief and says that a thing is true or right, For example a Christian would swear an oath in the bible

Question 66

Define affirmation

Answer 66

This is a verbal or written declaration, before a person who has authority to administer an oath, saying that a thing is true or right without reference to religious belief.

Question 67

Define declaration

Answer 67

A witness under 12 years old May make a declaration, which is a promise to tell the truth

Question 68

Conspiring to defeat justice
Section 116, Crimes Act 1961

Answer 68

Everyone who
Conspires to
Obstruct, prevent, pervert, or defeat the course of justice

Question 69

Examples of misleading justice

Answer 69

1. Preventing a witness from testifying
2. Wilfully going absent as a witness
3. Threatening or bribing witnesses
4. Concealing the fact an offence has been committed
5. Intentionally giving police false information to obstruct their inquiries
6. Supplying false information to probation officers
7. Assisting a wanted person to leave the country

Question 70

Corrupting juries and witnesses
Sec 117, Crimes Act 1961

Answer 70

Everyone is liable for a term not exceeding seven years who
(a) dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in NZ or overseas or

(b) influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause or matter tried or to be tried in Nz or in an overseas jurisdiction and whether the member had been sworn as a member of a particular jury or not) or

(c) accepts a bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried in NZ or in an over seas jurisdiction) or

(d)accepts any bribe or other corrupt consideration in account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in NZ or overseas jurisdiction, and where tether the member has been sworn as a member of a particular jury or not or

(e) wilfully attempts in any other way to obstruct, prevent , pervert, or defeat the course of justice in NZ or the course of justice in an overseas jurisdiction

Question 71

When may a prosecution for perjury begin

Answer 71

You may only start a prosecution for perjury (civil or criminal) where it is recommended by the courts or you are directed to do so by the commissioner of police. You may, however begin inquiries into an allegation of perjury without reference to the court or commissioner of police.

Question 72

What intent must you be able to prove in order to establish a charge of perjury

Answer 72

The intent to be proved is the offenders intention to mislead the tribunal holding the judicial proceeding

Question 73

What are the two main points to be covered when interviewing a suspect in respect of perjury.

Answer 73

Whether the suspect knew their assertion was false, and
Whether they intended to mislead the tribunal governing proceedings

Question 74

Receiving
sec 246, CA 1961

Answer 74

Everyone who
- Received property stolen or obtained by any other imprisonable offence
- Knowing that property to have been stolen or so obtained, or
- being reckless as to whether or not the property had been stolen or so obtained

Question 75

Punishment of receiving
Sec 247 CA 1961

Answer 75

(a) over $1000 max penalty 7 years
(b) over $500 under $1000 max 1 year
(c) under $500 max 3 months

Question 76

When is the act of receiving complete

Answer 76

Complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing if the property

Question 77

R v COX

Answer 77

Possession involves two elements, the first element is actual or potential physical custody or control. The second the mental element is a combination of knowledge and intention. Knowledge in the sense of awareness by the accused that the substance is his possession and an intention to exercise possession

Question 78

Cullen v R

Answer 78

There are four elements of possession for receiving
(a) awareness that the item is where it is;
(b) awareness that the item has been stolen
(c) actual or potential control of the item; and
(d) an intention to exercise that control over the item.

Question 79

Discuss having possession based on property being located at a place the person has control over

Answer 79

Where property is located at a place, over which the receiver has control, then the prosecution must proceed the receiver arranged for the property to be delivered there, or alternatively that on discovering the property, he or she intentionally exercised control over it. As noted above intent to posses the property must also be satisfied.

Question 80

R v Donnelly

Answer 80

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained

Question 81

Define property

Answer 81

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

Question 82

R v Lucinsky

Answer 82

The property received must be stolen or illegally obtained (or part thereof) and not some other item for which the illegally obtained property had been exchanged or which are the proceeds

Question 83

Define voidable title

Answer 83

Title obtained by deception is referred to to as voidable title. This means that the title can be voided by the seller, although the title is voidable it is still a title.

Until the title is voided, the person committing the deception has title to the property concerned and is able to confer this title on to anyone who subsequently acquires the property from him/her in good faith.

Question 84

R v Kennedy

Answer 84

The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.

Question 85

Circumstantial evidence of guilty knowledge

Answer 85

Possession of recently stolen property

Nature of the property, eg type value quantity

Purchased at a gross undervalue

Secrecy in receiving the property

Receipt of goods at an unusual place

Receipt of goods at an unusual time.

Question 86

Doctorine of recent possession

Answer 86

This rule allows for proof of theft or receiving by way of circumstantial evidence. In circumstances where a person is found in possession of stolen property reasonably soon after theft, an inference may be drawn that the person in possession either stole or received the property from the thief.

Question 87

Sec 137 accessories after the fact and receivers covers

Answer 87

1. This section applies to every person charged
   (a) as a party to an offence (not being the person who actually committed it) or
   (b) with being accessory after the fact to any offence or
   (c) with receiving property knowing it to have been stolen or dishonestly obtained
2. Every person to whom subsection (1) applies may be proceeded against and convicted for the offence whether or not the principal offender or any other party to the offence or the person who the property was obtained has been proceeded against or convicted
3. Every person to whom subsection 1 applies may be proceeded against and convicted
   (a) alone as for a substantive offence or
   (b) jointly with the principal or other offender or person by whom the property was stolen or dishonestly obtained
4. If any property has been stolen or dishonestly obtained any number of receivers at different times of that property, or of any part of parts of it, may be charged with substantive offences and may be tried together.

Question 88

Receiving from persons unknown

Answer 88

Charges may be formulated in respect of receiving from persons unknown in circumstances where it is not known who committed the offence by which the property was obtained, providing all elements of the offence can be proved.

Question 89

Property stolen to order

Answer 89

In situations where property is stolen to order the receiver of such stolen property is liable as a party to the principal offence, pursuant to s66(1) rather than as a receiver under 246

Question 90

When is the act of receiving complete

Answer 90

• either exclusively or jointly with the thief or any other person possession or control or
• has assisted in the concealment or disposition of the property
• if there is guilty knowledge at that point the offendce is complete.

Question 91

Possession can be described as

Answer 91

Awareness that the item is where it is
Awareness that the item has been stolen
Actual or potential control of the item and
An intention to exercise that control over the item

Question 92

Where the property has been restored directly to the owner or via police acting as the owners agent

Answer 92

There can be no subsequent receiving this is because the proper May is deems no longer stolen

Question 93

Explain how possession of property can be established in a charge of receiving

Answer 93

Possession can be established by showing that the property is
- in the immediate physical custody of the receiver or
- at a location, over which the receiver had control(such as their place of business or private residence)

Question 94

What is the doctrine of recent possession

Answer 94

It is the presumption that the possession of property recently stolen is, in the absence of a satisfactory explanation, evidence to justify a belief and find that the possessor is either the thief or receiver, or has committed some other offence associated with the theft of the property, eg burglary or robbery

Question 95

What was held in the case of R v Lucinsky as relates to receiving

Answer 95

The property received must be the property stolen or illegally obtained (or part thereof) and not some other item for which the illegally obtained property had been exchanged or which are the proceeds

Question 96

When is the act of receiving complete

Answer 96

The act of receiving is complete once the defendant has:
- either exclusively or jointly with the thief or any other person
- possession or control of the property or
- has assisted in the concealment or disposition of the property
- if there is guilty knowledge at that point, the offence is complete

Question 97

Money laundering
Section 243 Crimes Act 1961

Answer 97

1. For the purpose of this section and sections 243A, 244, and 244 - act includes any omission
   Conceal: in relation to property, means to conceal or disguise the property and includes without limitation
   (a) to convert the property from one form to another
   (b) to conceal or disguise the nature, source, location, disposition, or ownership of the property or of any interest in the property.

Question 98

Define deal with

Answer 98

Deal with in relation to property means to deal with the property in any manner and by any means, and includes with out limitation:
(a) to dispose of the property, whether by sale, purchase, gift or otherwise
(b) to transfer possession of the property
(c) to bring the property into New Zealand
(d) to remove the property from New Zealand

Question 99

Define interest

Answer 99

Interest in relation to property means:
(a) a legal or equitable estate or interest in the property; or
(b) a right, power or privilege in connection with the property

Question 100

Define proceeds

Answer 100

In relation to an offence means any property that is derived or realised directly or indirectly, by any person from the commission of the offence.

Question 101

Define property

Answer 101

Means real or personal property of any description, whether situated in New Zealand or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property

Question 102

Money laundering
Section 243 CA 1961

Answer 102

2. Everyone who
   In respect of any property that is the proceeds of an offence
   Engages in a money laundering transaction
   Knowing or believing that all or part of the property is the proceeds of an offence or
   Being reckless as to whether or not the property is the proceeds of an offence
3. Everyone who
   Obtains or has in his/ her possession any property (being property that is the proceeds of an offence committed by another person)
   (a) with intent to engage in a money laundering transaction in respect of that property; and
   (b) knowing or believing that all or part of that property is the proceeds of an offence, or being reckless as to whether or not the property is the proceeds of an offence.

4.

Question 103

Text for proximity

Answer 103

1. Has the offender done anything more than get himself into a position from which he can embark on an actual attempt
2. Has the offender actually commenced execution; that he has taken a step in the actual crime itself

Question 104

Once the acts are sufficiently proximate the defence has no defence such as

Answer 104

• That they were prevented from an outside agent, from doing something that was necessary to complete the offence
• failed to complete the full offence due to ineptitude, inefficiency, insufficient means
• were prevented from committing the crime, because an intervening event made it physically impossible

Question 105

When are you unable to charge for attempts

Answer 105

• the criminality depends on recklessness or negligence eg manslaughter
• an attempt to commit an offence is included within the definition of that offence
• the offence is such that the act has to have been completed in order for the offence to exist eg demands with menace

Question 106

Define conceal

Answer 106

In relation to property means to conceal or disguise the property and includes without limitation
To convert the property from one form to another
To conceal or disguise the, nature source location, disposition, or ownership of the property or of any interest in the property

Question 107

Define deal with

Answer 107

Deal with in relation to property means to deal with the property in any manner and by any means and includes without limitation
To dispose of the property, whether by sale, purchase, gift or otherwise
To transfer position of the property
To bring the property into New Zealand
To remove the property from New Zealand

Question 108

Interest in relation to property means

Answer 108

Illegal or equitable estate or interest in the property or
A right, power or privilege in connection with the property

Question 109

Define proceeds

Answer 109

In relation to an offence means any property that is derived or realised directly or indirectly by any person from the commission of the offence

Question 110

Define property

Answer 110

Means real or personal property of any description whether situated in New Zealand or elsewhere and whether tangible or intangible and includes an interest in any such real or personal property