Association Offences

Question 1

What section relates to the offence of Accessory after the fact?

Answer 1

s71, Crimes Act 1961

Question 2

Case law: R v White (1945) GLR 109.

Answer 2

The identity of the other parties in the agreement is not necessary, so long as it is proved that the suspect conspired with other parties.

Question 3

Case law: R v Donnelly [1970] NZLR 980.

Answer 3

Where stolen property has been returned to the owner or legally reaquired, it is not an offence to subsequently receive it, even though tht ereceived may know that the property had previously been stolen or dishonestly obtained.

Question 4

Case law: R v Harpur [2010] NZCA 319; (2010) 24 CRNZ 909.

Answer 4

Conduct viewed cumulatively up to the point when the conduct in question stops.
Defendant’s conduct may be considered in its entirety.
Can be charged for physically impossible act (e.g. growing tomato plants thinking they’re cannabis)

Question 5

What are the four categories of association offences?

Answer 5

Conspiracy
Attempts
Parties
Accessory

Question 6

The ‘two’ main parties in parties to:

Answer 6

Principal party
Secondary party

Question 7

What must be proven for the offence of “Accessory after the fact”

Answer 7

The offence was committed by person being helped
That that the time of helping the accessory know that the offender was party to an offence
The accessory received, comforted, or assisted that person or tampered with or actively suppressed any evidence against that person (Act)
The accessory’s purpose was to enable that person to escape after arrest or to avoid arrest or conviction (Inent)

Question 8

What section relates to the offence of Parties to an offence?

Answer 8

s66(1), Crimes Act 1961

Question 9

Case law: Mulcahy v R (1868) LR 3 HL 306, 317

Answer 9

A conspiracy consists not merely in the intention of 2+, but in the agreement of 2+ to do an unlawful act or to do a lawful act by unlawful means.
The agreement itself is an act in itself.
Can only withdraw prior to agreement being made.

Question 10

What are the actions for “accessory after the fact”

Answer 10

Received
Comforted
Assisted
Tampered with, or actively suppressed evidence

Question 11

What 4 factors must be proven for the offence of “parties to an offence”?

Answer 11

Identity
Offence has been committed
The ingredients of the offence
Participation/timing

Question 12

What is the role of the principal party in ‘parties to’ offences?

Answer 12

Commits the offence

Question 13

Case law: R v Sanders (1984) 1 CRNZ 194

Answer 13

Conspiracy doesn’t end with making the agreement.
Conspiracy continues until ended by completion of its performance, abandonment, or any other manner whereby agreements are discharged.

Question 14

What section relates to the offence of conspiracy?

Answer 14

s310, Crimes Act 1961

Question 15

Intent and proximity. Which is for the jury and which is for the Judge?

Answer 15

Intent - question of fact for the jury
Proximity - question of law for the Judge

Question 16

What are the three main types/examples of offences that can’t be ‘attempted’?

Answer 16

Assault (the definition of assault includes attempted assault)
Strict liability offences
Where the offence has to be completed to exist (e.g. demands with menace)

Question 17

What section relates to the offence of Attempts?

Answer 17

s72, Crimes Act 1961

Question 18

What is the role of the secondary party in ‘parties to’ offences?

Answer 18

Assists the principal with the offence (aids, abets, incites, counsels, or procures) before or during.
They must intend that their actions will assist the principal and have knowledge of the essential matters of the offences.

Question 19

What are the two main categories of defence?

Answer 19

Statutory (legislation)
Common Law (Case Law)

Question 20

Case law: R v Wilcox

Answer 20

The defendant’s act must be at the commencement of the execution of the intended offence. A step in the actual crime itself. (i.e. begun to perpetrate)

Question 21

Case law: R v Betts and Ridley (1930) 22 Cr App R 148.

Answer 21

An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.

Question 22

Types of ‘parties to’ action/omit

Answer 22

Commits the offence (s66(1)(a))
Aids (s66(1)(b))
Abets (s66(1)(c))
Incites, counsels, or procures (s66(1)(d))

Question 23

Case law: R v Mane (1989) 5 CRNZ 375.

Answer 23

To be considered an accessory, the acts done by the person must be after the completion of the offence.

Question 24

s66(1)

Answer 24

(1)Every one is a party to and guilty of an offence who-
(a) actually commits the offences; 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.

Question 25

What 3 conditions must be proven for a charge of attempts?

Answer 25

Intent (mens rea) Act (actus reus) Proximity (sufficient proximity)

Question 26

s67, Crimes Act 1961

Answer 26

Conspiracy between spouses or civil union partners

Question 27

What are the 2 situations where a person is considered wilfully blind?

Answer 27

Where the person deliberately shuts their eyes and fails to inquire (because they knew what the answer would be). OR In situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order not to know.

Question 28

'Probable consequence'

Answer 28

e.g. reasonable foresight - if one of the offenders takes in a gun (as agreed by the others) and then shoots someone (even if that wasn't in the plan), there is a reasonable expectation/probable consequence of taking a gun into a situation.

Question 29

Case law: R v Briggs (17/03/09, Duffy J, HC Whangarei CRI-2008-027-660).

Answer 29

Wilful blindness: As with a receiving charge under s246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 30

'Innocent agent'

Answer 30

Someone who is unaware of the significance of their actions/that a crime is being committed. e.g. innocent person is asked to pick up a TV from a flat that the offender pretends to own. (R v Paterson [1976] 2 NZLR 394.)

Question 31

Case law: R v Crooks [1981] 2 NZLR 53 (CA).

Answer 31

Knowledge beans actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient.

Question 32

An example of a "physically impossible act"

Answer 32

Growing tomato plants thinking they're cannabis Thief puts their hand in victim's pocket to steal, but there's nothing in the pocket

Question 33

What three factors are needed to prove Conspiracy?

Answer 33

Agreement of 2 or more people To commit and unlawful act/omission Intent (agree + agree to relevant court of conduct)

Question 34

How to charge conspirators:

Answer 34

Conspirators should be jointly charged. What they say/do is admissible evidence against others.

Question 35

Test for proximity (Simester and Brookbanks)

Answer 35

1. Has the offender done anything more that getting themself into a position from which they could embark on an actual attempt? OR 2. Has the offender actually commenced execution; that is to say, have they taken a step in the actual crim itself?