Association 7 Flashcards
- What constitutes a party?
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- What is required to be proved when considering the principal charge of money laundering, under Section 243(2)?
- Dealing with property or assisting with such dealing.
- The source of the property being the proceeds of an offence punishable by 5 years’ 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.
- What points need to be outlined in an Affidavit required for an application?
Such an application will require a straight forward affidavit from the officer in charge of the file outlining:
• Details of the Officer in Charge
• Details of the Offender(s) including charges and criminal convictions
• Search warrant - describe the nature of the offending discovered at or involving the property (asset) concerned. Note: Where the value of the asset is high you need to demonstrate that the offending was at more of a commercial level.
• Admissions made during interview(s).
• Describe the property sought to be restrained and its value and show that offender owns it or has custody or control over it.
- List the points to cover when interviewing witnesses and suspects to a charge of conspiracy
Witnesses
• Interview and obtain statements from witnesses covering:
• The identity of the people present at the time of 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 an agreement to commit an offence, or
• The existence of an 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 people concerned where possible
• Whether anything was written, said or done to further the common purpose.
- Give 9 examples of misleading justice
- Preventing a witness from testifying
- Willfully going absent as a witness
- Threatening or bribing witnesses
- Concealing the fact a crime has been committed
- Intentionally giving police false information to obstruct their inquiries
- Supplying false information to probation officers
- Assisting a wanted person to leave the country
- Arranging a false alibi
- Threatening or bribing jury members
1/ Shane gets locked up by the cops and taken to the cells. En-route to the cells he kicks the door open and takes off to Andy’s house.
Shane tells Andy what he did and to hide at his house. Andy receives him and hides him in the spare room for a couple of days.
Cops execute search warrant at the house and locates Shane.
AATF
Jack and Jill are drug dealers and broke at the same time. Both planned to rob the local TAB.
They meet up a day before and plan the robbery. The day of execution, they buy balalava’s and Jack grabs a screwdriver.
Prior to committing the robbery, they get handed drugs but an unknown person and are too high to proceed with the robbery.
Conspiracy
Conspiring with a spouse or partner
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Aids
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Abets
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