Association liabilities

Question 1

Conspiracy

Answer 1

Conspiracy – Section 310(1) CA 1961

Penalty – 7+ offence = 7 years / -7 offence = same as the offence punishment

• 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 New
  Zealand would be an offence

Question 2

Parties

Answer 2

Parties to offences – Section 66(1) CA 1961

Everyone is a party to and guilty of an offence who –

(a) Actually commits the offence OR
(b) Does or omits an act for the purpose of aiding any person to commit the offence OR
(c) Abets any person in the commission of the offence OR
(d) Incites, counsels, or procures any person to commit the offence

Where 2 or more persons 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 any one 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 3

Accessory After the Fact

Answer 3

Accessory after the fact – s71(1) CA 1961 –

Knowing any person to have been a party to the offence

Receives / Comforts / or Assists that person OR Tampers with OR Actively suppresses any evidence against him or her, In order to enable him or her to escape after arrest OR to avoid arrest or conviction

Question 4

Perjury

Answer 4

Perjury – s108(1) CA 1961 – Penalty – 7 or 14 years

A witness making any
Assertion as to any matter of fact / Opinion / Belief / Knowledge

In any judicial proceeding
Forming part of that witness’s evidence on oath

Known by that witness to be false AND
Intended to mislead the tribunal

Question 5

Receiving

Answer 5

Receiving – Section 246(1) CA 1961 – Liable – Penalty 7yrs / 1 yr / 3 months

• Receives
• Any property
  Stolen OR
• Obtained by any other imprisonable offence

Knowing that property to have been stolen or

• Obtained by any other imprisonable offence OR
• Being reckless as to whether that property had been stolen or so obtained

Question 6

Money laundering

Answer 6

Money laundering - Section 243(2) CA 1961
7yrs

• 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.