Association Offences Flashcards

1
Q

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

A

s71, Crimes Act 1961

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the four categories of association offences?

A

Conspiracy
Attempts
Parties
Accessory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The ‘two’ main parties in parties to:

A

Principal party
Secondary party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

s66(1), Crimes Act 1961

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the actions for “accessory after the fact”

A

Received
Comforted
Assisted
Tampered with, or actively suppressed evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

Commits the offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What section relates to the offence of conspiracy?

A

s310, Crimes Act 1961

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

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)

17
Q

What section relates to the offence of Attempts?

A

s72, Crimes Act 1961

18
Q

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

A

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.

19
Q

What are the two main categories of defence?

A

Statutory (legislation)
Common Law (Case Law)

20
Q

Case law: R v Wilcox

A

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)

21
Q

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

A

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.

22
Q

Types of ‘parties to’ action/omit

A

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

23
Q

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

A

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

24
Q

s66(1)

A

(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.

25
Q

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

A

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

26
Q

s67, Crimes Act 1961

A

Conspiracy between spouses or civil union partners

27
Q

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

A

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.

28
Q

‘Probable consequence’

A

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.

29
Q

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

A

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.

30
Q

‘Innocent agent’

A

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.)

31
Q

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

A

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.

32
Q

An example of a “physically impossible act”

A

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

33
Q

What three factors are needed to prove Conspiracy?

A

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

34
Q

How to charge conspirators:

A

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

35
Q

Test for proximity (Simester and Brookbanks)

A
  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?