Association Offences Flashcards
What section relates to the offence of Accessory after the fact?
s71, Crimes Act 1961
Case law: R v White (1945) GLR 109.
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.
Case law: R v Donnelly [1970] NZLR 980.
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.
Case law: R v Harpur [2010] NZCA 319; (2010) 24 CRNZ 909.
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)
What are the four categories of association offences?
Conspiracy
Attempts
Parties
Accessory
The ‘two’ main parties in parties to:
Principal party
Secondary party
What must be proven for the offence of “Accessory after the fact”
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)
What section relates to the offence of Parties to an offence?
s66(1), Crimes Act 1961
Case law: Mulcahy v R (1868) LR 3 HL 306, 317
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.
What are the actions for “accessory after the fact”
Received
Comforted
Assisted
Tampered with, or actively suppressed evidence
What 4 factors must be proven for the offence of “parties to an offence”?
Identity
Offence has been committed
The ingredients of the offence
Participation/timing
What is the role of the principal party in ‘parties to’ offences?
Commits the offence
Case law: R v Sanders (1984) 1 CRNZ 194
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.
What section relates to the offence of conspiracy?
s310, Crimes Act 1961
Intent and proximity. Which is for the jury and which is for the Judge?
Intent - question of fact for the jury
Proximity - question of law for the Judge