Association 8

Question 1

• What 5 points should be covered when interviewing conspiracy suspects?

Answer 1

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Question 2

• What do you need to include in an affidavit for application of proceeds?

Answer 2

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Question 3

• What are some examples of conspiring or attempting to mislead justice under sections 116 and 117?

Answer 3

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Question 4

Examples of how accessories may be indicated?

Answer 4

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Question 5

• How might the involvement of parties be established?

Answer 5

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Question 6

What reasons are there for not charging with both conspiracy and the substantive offence?

Answer 6

Laying both a substantive charge and a related conspiracy charge is often undesirable because:

• The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
• The judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
• The addition of a conspiracy charge may unnecessarily complicate and prolong a trial.
• Where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed.
• Severance may be ordered. This means that each charging document may be heard at separate trials.

Question 7

What are the ingredients of S113 Crimes Act - Fabricates Evidence?

Answer 7

Everyone is liable to imprisonment for a term not exceeding 7 years who:

• with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies
• fabricates evidence by any means other than perjury.

Question 8

What knowledge or belief must a person hold to be guilty of money laundering?

Answer 8

Anyone is liable who in respect of any property that is the proceeds of a serious offence engages in a money laundering transaction:
knowing or believing that all or part of the property is the proceeds of any serious offence, OR
being reckless as to whether or not the property is the proceeds of a serious offence.

Question 9

What is Larkins v Police?

Answer 9

While it is unnecessary that the principal 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.
Absence of knowledge by the principal that he is being assisted removes a common foundation for a finding of actual assistance, namely that the principal was able to proceed with his enterprise with the additional confidence gained because his accomplice was on the lookout for unwanted intervention.

Question 10

What are the three essential elements in the act of receiving?

Answer 10

The act of receiving requires the satisfaction of three elements:

1) There must be property which has been stolen or has been obtained by an imprisonable offence.
2) The accused must have “received” that property, which requires that the receiving must be from another (you cannot receive from yourself).
3) The accused must receive that property in the knowledge that it has been stolen or illegally obtained, or being reckless as to that possibility.