Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

My CIB Modules > Association > Flashcards

Association Flashcards

1
Q

Caselaw

Mulcahy v R

A

A conspiracy is not just an intention but an agreement by two or more to do an unlawful act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Caselaw

R v Sanders

A

A conspiracy does not end with the making of the agreement. It conitnues until it is ended by completion or discharged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Caselaw

R v White

A

When you can prove that a suspect conspired with others, he can still be convicted even if they are not identified.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Elements of Conspiracy?

A

S310 Crimes Act 1961

  1. Conspires
  2. With any person
  3. To commit any offence OR
  4. To do or omit in any part of the world
  5. Anything of which the doing or omission in New Zealand would be an offence.

Mulcahy v R, Rv Sanders & R v White

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Penalty for Conspiracy

A

7 years for an offence greater than 7 years.

Same penalty for offences less than 7 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What needs to be covered when interviewing conspiracy suspects?

A

Establish:
1. The existance of agreement to do an act OR
2. The existance of an agreement to omit something
3. The intent behind the agreement
4. The identity of all involved.
5. Whether there was anything written, said or done

DOIIW

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Is it an offence to form a conspiracy in NZ to commit a crime in another country?

A

Yes, provided that it is an offence in that country.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Can you charge a conspirator based solely on the statement of a co-conspirator?

A

No, there must be independent evidence in order to admit their statement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Can you charge someone with conspiracy after they have completed the substantial offence (and you have evidence of this)?

A

Yes you can but it should be avoided unless the substantial offence does not capture the total criminality of the offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Caselaw

R v Ring

A

You can be charged with an attempt even if it was physically impossible to complete the offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Caselaw

R v Harpur

A

The court may have regard to the conduct viewed culmatively until it stops. What remains to be done is always relevant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Caselaw

Higgins v Police

A

Where plants being cultivated as cannabis are not cannabis, it is physically but not legally impossible to cultivate a prohibited plant. This is attempting to cultivate cannabis.

Physical impossibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Caselaw

Police v Jay

A

A man bought hedge clippings believing they were cannabis.

Physical impossibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Caselaw

R v Donnelly

A

Where stolen propertyhas been returned to the owner, it is not an offence to subsequently receive it.

Legal impossibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

R v Pene

A

A party must intentionally help or encourage. It is insufficient if they were reckless.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

R v Renata

A

When a principal offender cannot be identified, it is sufficient to prove that each individual must have been principal or a party.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Larkins V Police

A

It is unnecessary that the principal is aware that he is being assisted, but there must be proof of actual assistance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Ashton V Police

A

A person teaching a second person to drive has a legal responsibility to a third person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

R V Russell

A

Giving encouragement and authority by presence alone makes someone an aider and abbetor.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

R v Betts and Ridley

A

During an offence where no violence is contemplated and the principle uses violence, a second offender is not liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Who is party to an offence under section 66(1)

A

Anybody who:
-Actually commits the offence
-Aides
-Abets
-Incites
-Counsels
-Procures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What does S66(2) hold?

A

If two or more people form a common intention to commit a crime, they are party to every offence committed by the other offender of if the offence was a probable consequence

22
Q

What is the investigative procedure for investigating persons party to an offence?

A
  1. Recreate the offence and determine if the principal offender needed assistance
  2. Offender interview to determine if others were party
  3. Suspect interview with person who could have been party
  4. Witness interviews
  5. other INFORMATION
23
Q

What are the two ways in which multiple offenders may be considered principals?

A
  1. Each offender satisfies elements of the offence. Two people who punch the victim are both guilty of assault
  2. Each offender separately satisfies part of the actus reus. An offender prepares a poison before handing it to another offender to administer
24
Q

Liability for Accessory after the fact

A

S71(1)

  1. Receives, comforts, assists any person who is party to an offence OR tampers with or actively suppresses evidence against a person who is party to an offence
  2. Knowing that they are party to an offence.
  3. In order to help them to escape after arrest or avoid arrest or conviction

R v Mane, R v Crooks, R v Briggs

25
Q

R v Crooks

A

Knowledge means actual knowledge or belief that the person assisted was a party to the offence. Suspicion is insufficient.

26
Q

R v Briggs

A

Knowledge may be inferred from wilful blindness or a deliberate failure to make inquiries that would confirm the suspected truth.

27
Q

R v Mane

A

To be and accessory the acts done must be after the completion of the offence.

28
Q

Elements of Perjury

A

S108 Crimes Act 1961

  1. A witness making any
  2. Assertion as to any matter of fact, opinion, belief, or knowledge
  3. In any judicial proceeding
  4. Known by that witness to be false and
  5. Intended to mislead the tribunal
29
Q

Punishment for perjury?

A

7 years OR 14 years if done to convict someone of an offence greater than 3 years

30
Q

What is the penalty for an attempt?

A

Half of the penalty for the substantive offence to a maximum of 10 years

31
Q

Penalty for being an accessory after the fact

A

7 if the penalty for original offence is life, 5 years if it is a 10+ year offence, half the max penalty in all other cases

32
Q

During a prosecution for accessory after the fact, what must be shown in regards to the principle offence?

A

The principal offence must be proven even in cases where the principle offender has already pleaded guilty

33
Q

What approval is required to start a prosecution for perjury?

A

Recommendation from the court or direction from Commisioner of Police

34
Q

S116 Crimes Act 1961?

A

Conspiring to defeat justice - 7 years Imprisonment

35
Q

R v Lucinsky

A

The property received must be stolen or illegally obtained and not an item that was exchanged.

36
Q

Liability for Receiving

A

S247 Crimes Act 1961

  1. Act of receiving
  2. Any stolen property or property obtained by any other imprisonable offence
  3. Knowing or being reckless as to whether it was stolen or obtained by any other imprisonable offence

R v Lucinsky, Cameron v R, R v Donnelly, R v Cox, Cullen v R

37
Q

R v Cox

A

Possession involves two elements: mental and physical control. Knowledge and intent and actual possession and control.

38
Q

Cullen v R

A

Four elements for possession:
1. Awareness of where the item is,
2. Awareness that it was stolen,
3. Actual or potential control of the item,
4. An intention to control the item.

39
Q

R v Kennedy

A

The knowledge that the item was stolen must exist at the time of receiving.

40
Q

What does the doctrine of recent possession hold?

A

That if a person is found in possession of recently soon after it’s theft, an inference may be drawn that they either stole or received it.

41
Q

How do you charge someone who has requested property stolen?

A

As a party to the theft.

42
Q

Can you be charged with receiving property obtained outside of New Zealand?

A

Yes, but only if the receiving occurs inside New Zealand.

43
Q

Define money laundering

A

Dealing with the proceeds of criminal activity in such a way as to make it appear to have been legitimately acquired.

44
Q

What are the three stages of money laundering?

A
  1. Placement: money enters
  2. Layering: Money is involved in multiple transactions
  3. Integration: Money is mixed with lawful funds
45
Q

Outline all case-law for Parties To

A

R v Renata - When a principal offender cannot be identified, it is sufficient to

R v Pene - A person must intentionally help or encourage. It is insufficient if they were reckless.

Larkins v Police - It is unnecessary that the principal offender is aware that he is being assisted but there must be evidence of actual assistance.

R v Betts & Ridley - During an offence where no violence is contemplated, the principal offender uses violence, the secondary is not liable.

R v Russell - Giving encouragement and authority by presence alone makes someone an aider and abbetor

46
Q

Outline all case-law for Attempts

A

R v Donnelly - When stolen property is returned to its original owner, it is no longer an offence to subsequently receive it.

R v Harpur - The court may have regard to the conduct viewed cumulatively until it stops. What remains to be done is always relevant.

R v Ring - You can still be charged with an attempt even if it is physically impossible to complete the act.

47
Q

What do you consider when interviewing money laundering suspects?

A

Legitimate income
Illegitimate income
Expenditure
Assets
Liabilities
Acquisition of Financial Records
Clarification

LIE A LAC

48
Q

What are the three elements of an attempt?

A

Intent, Act, Proximity

49
Q

What offences can you not lay attempts charges for?

A

When the offence is based on negligence (e.g. manslaughter)

When an attempt is included in the definition of the offence (e.g. assault)

When the crime must be completed to satisfy the offence (e.g. robbery)

50
Q

What are three defences to attempts charges that offenders have no recourse to?

A

An outside agent stopping them (such as being arrested by police)

Failiure to complete the offence due to insufficiency or ineptitude (not enough explosives to blow a safe door)

Physical impossibility

51
Q

What must you cover when interviewing perjury suspects?

A

Their knowledge that the assertion was false.

Their intent to mislead the tribunal

52
Q

What are some examples of misleading justice?

A

-Intentionally giving police false information
-Wilfully going absent as a witness
-Preventing a witness from testifying
-Concealing that a crime has been comitted
-Arranging false alibis
-Giving false information to probations officers

My CIB Modules (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions