Association 2

Question 1

Fabricating evidence S113 CA1961

Answer 1

Everyone is liable to imprisonment for a term not exceeding 7 years who with intent to mislead any tribunal holding and judicial proceeding to which section 108 applies fabricates evidence by any means other than perjury.

Question 2

Receiving - List 4 examples of guilty knowledge

Answer 2

Receipt of goods in an unusual place
Receipt of goods at an unusual time
Receipt of goods in an unusual way
Absence of a receipt where a receipt would normally be issued
Lack of packaging
Purchase at gross undervalue

Question 3

What is required to be proved by the prosecution in relation to a charge of money laundering?

Answer 3

When considering a principal charge of money laundering under section 243(2), proof of the following four elements is required:

A. Dealing with property or assisting in such dealing.

B. The source of the property being the proceeds of an offence punishable by 5 years imprisonment or more committed by another person.

C. Knowledge of belief that the property was the proceeds of such an offence, or reckless as to weather it was the proceeds of such an offence.

D.An intention to conceal the property.

Question 4

Affidavit required for application.

Answer 4

To put in later

Question 5

What are the main points in R v Renata

Answer 5

Each offender satisfies the ingredients of the offence committed.

Each offender separately satisfies the actus reus

Question 6

Interviewing witness and suspect in a Conspiracy Investigation.

Answer 6

Witnesses: Interview and obtain statements from witnesses covering:

• Identity of people present at the agreement
• With whom the agreement was made
• What offence was planned
• Any acts carried out to further the common purpose

Suspects:
Interview the people concerned and obtain statements to establish:

• The existence of the agreement to commit the offence or
• The existence of n agreement to omit to do something that would amount to an offence, and
• The intent of those involved in the agreement
• The identity of all the people concerned where possible
• Whether anything was written, said or done to further the common purpose.

Question 7

Criminal Recovery Act 2009 - Tainted property

Answer 7

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

And includes and property that has been acquired as a result of, directly or indirectly derived from, more tat 1 activity if at least 1 of those activities is a significant criminal activity.

Question 8

In relation to the offence of perjury, what intent is required?

Answer 8

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 9

Examples of misleading justice

Answer 9

Preventing a witness from testifying
Wilfully going absent as a witness
Threatening or bribing a witness
Concealing the fact that an offence has been committed
Intentionally giving police false information to obstruct their inquiries
Supplying false information to probation officers
Assisting a wanted person in leaving the country
Arranging a false alibi
Threatening or bribing jury members