Association Offences Flashcards
Section 66 CA Parties to Offences?
(1) every on is 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
(d) incites, counsels, or procures any person to
commit the offence
(2) 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.
Section 71 CA Accessory after the fact?
(1) an accessory after the fact to an offence is one who, 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, in order to enable him to escape after arrest or to avoid arrest or conviction
(2) no married person whose spouse or civil union partner has been a party to an offence shall become an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse or civil union partner or the spouse or civil union partner and any other person who has been a party to the offence , to escape after arrest or to avoid arrest and conviction.
Section 310 CA Conspiring to commit an offence?
1)
Subject to the provisions of subsection (2), every one who 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, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and in any other case is liable to the same punishment as if he or she had committed that offence.
(2)
This section shall not apply where a punishment for the conspiracy is otherwise expressly prescribed by this Act or by some other enactment.
(3)
Where under this section any one is charged with conspiring to do or omit anything anywhere outside New Zealand, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted.
Section 72 CA Attempting to commit an offence?(definition of attempts)
(1) every one who having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
(2) the question is whether an act done or omitted with intent to commit an offence is or is not only in preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) an act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.
Section 312 CA Accessory after the fact, Penalty section?
Every one who is an accessory after the fact to any imprisonable offence in respect of which no express provision is made by this Act, or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence is imprisonment for life, and not exceeding 5 years if such maximum punishment is imprisonment for 10 or more years, and in any other cases is liable to no more than than half the maximum punishment to which he would have been liable if he had committed the offence.
