Association Offences

Question 1

Conspiracy (act, section and elements)

Answer 1

CA 1961 s310
- 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 omitting in New Zealand would be an offence

Question 2

Parties to (act, section and elements)

Answer 2

CA 1961 s 66
- commits
- does or omits for purpose of aiding
- abets
- incites, counsels, procurement

where 2 or more form a common intention, each is party to every offence committed by any of them in carryout out the common intention, if that offence was known to be a probable consequence

Question 3

Accessory (act, section and elements)

Answer 3

CA 1961 s 71
- person A is party to an offence
- person B knows AND
- receives, comforts or assists A, OR tampers or suppresses evidence
- with intention to enable A to escape after arrest, OR avoid arrest or conviction

Question 4

Attempts (act, section and elements)

Answer 4

CA 1961 s 72
- intent
- act
- proximity

Question 5

MULCAHY V R

Answer 5

A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself…

Question 6

R V SANDERS

Answer 6

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged

Question 7

R V WHITE

Answer 7

Where you can prove thay a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown

Question 8

Intent

Answer 8

A deliberate act (or omission) to bring about a specific result

Question 9

Deliberate

Answer 9

More than accidental or involuntary

Question 10

Act

Answer 10

To take action or do something, to bring about a particular result

Question 11

Omission

Answer 11

The action of excluding or leaving out something or someone, a failure to fulfill a moral or legal obligation

Question 12

Result

Answer 12

Aim, object or purpose

Question 13

Conspiracy (completion, category and penalty)

Answer 13

Offence completed when agreement made with intent to carry out the agreement

Same category as substantive offence

Penalty TBC

Question 14

R V RING

Answer 14

Offender convicted of attempted theft even though the item he attempted to steal was not inside the pocket he put his hand into. Had necessary intent and completed the required action

Question 15

R V HARPUR

Answer 15

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendants conduct may be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative

Question 16

HIGGINS V POLICE

Answer 16

Where plants being cultivated as cannabis are not in fact cannabis it is physically, not legally, impossible to cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis

Question 17

POLICE V JAY

Answer 17

A mam bought hadge clippings believing they were cannabis

Question 18

R V DONNELLY

Answer 18

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained