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Modules > Association offences (legislation) > Flashcards

Association offences (legislation) Flashcards

1
Q

Section 137 Criminal Procedure Act 2011 - What is the title?

A

Proceedings against parties to offences, accessories and receivers

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2
Q

What does Section 137(1) Criminal Procedure Act 2011 state? (Clue: who does it apply to)

A

(1) This section applies to every person charged -
(a) as a party to an offence (not being the person who actually committed it); or
(b) With being an accessory after the fact to any offence; or
(c) With receiving property knowing it to have been stolen or dishonestly obtained.

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3
Q

What does Section 137(2) Criminal Procedure Act 2011 state?

A

(2) Every person to whom sub (1) applies may be proceeded against and convicted for the offence whether or not the principal offender or any other party to the offence or the person by whom the property was obtained has been proceeded against or convicted.

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4
Q

What does Section 137(3) Criminal Procedure Act 2011 state?

A

(3) Every person to whom sub (1) applies may be proceeded against and convicted-
(a) alone as for a substantive offence; or
(b) Jointly with the principal or other offender or person by whom the property was stolen or dishonestly obtained

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5
Q

What does Section 137(4) Criminal Procedure Act 2011 state?

A

(4) IF any property has been stolen or dishonestly obtained, any number of receivers at different times of that property, or of any part or parts of it, may be charged with substantive offences, and may be tried together.

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6
Q

Section 310 Crimes Act 1961 - What is the title?

A

Conspiracy

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7
Q

What is the act and section for conspiracy?

A

Section 310 Crimes Act 1961

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8
Q

What are the elements for conspiracy?

A

Anyone who
Conspires
With another person
To commit an offence OR
To do or omit, in any part of the world
Anything the doing of which if done or omitted in NZ would be an offence

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9
Q

Section 66 Crimes Act 1961 - what is the title?

A

Parties to

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10
Q

What is the act and section for “Parties to” ?

A

Section 66 Crimes Act 1961

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11
Q

What are the elements of parties to Section 66(1)?

A

Everyone who
(a) Actually commits the offence
(b) Does or omits an act for the purpose of aiding any person to commit the offence
(c) Abets any person in the commission of the offence
(d) Incites, counsels or procures any person to commit the offence

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12
Q

What is stated under Parties to Section 66(2)?

A

Where two or more persons form a comon 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 a known consequence of the prosecution of the common purpose.

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13
Q

What is the title of Section 70 Crimes Act 1961?

A

Offence committed other than the offence intended

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14
Q

Offence committed other than the offence intended act and section?

A

Section 70 Crimes Act 1961

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15
Q

What are the elements of Section 70(1) Crimes Act 1961 being Offences other than the offence intended?

A

Everyone who
Incites, counsels or procures another
To be a party to an offence
Of which that other is afterwards guilty
Is a party to that offence
Although it may have been committed in a way that is different from that which was incited, counselled or suggested.

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16
Q

What are the elements of Section 70(2) Crimes Act 1961 being Offences other than the offence intended?

A

Everyone who
Incites, counsels or procures another
To be party to an offence
Is party to every offence which that other commits in consequence of such inciting, counselling or procuring AND
Which the first mentioned person knew to be likely to be committed in consequence thereof

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17
Q

What is the title of Section 71 Crimes Act 1961 ?

A

Accessory after the fact

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18
Q

Accessory after the fact - act and section

A

Section 71 Crimes Act 1961

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19
Q

What are the elements of “accessory after the fact” under Section 71(1) Crimes Act 1961

A

Anyone 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

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20
Q

Perjury act and section

A

Section 109(1) Crimes Act 1961

21
Q

Section 109(1) Crimes Act 1961

A

Perjury and sentance

22
Q

What are the elements for perjury?

A

Everyone who
Commits perjury

23
Q

Section 110 Crimes Act 1961 - What is the title?

A

False oaths

24
Q

False oaths - act and section

A

Section 110 Crimes Act 1961

25
Q

What are the elements of “False oaths” under Section 110 Crimes Act 1961

A

Everyone who
Being required or authorised by law to make any statement
On oath or affirmation
Thereupon makes a statement which would amount to perjury if made in a judicial proceeding

26
Q

Section 111 Crimes Act 1961 - What is the title ?

A

False statements

27
Q

False statements - what is the act and section ?

A

111 Crimes Act 1961

28
Q

What are the elements of “False statements” under Section 111 Crimes Act 1961 ?

A

Everyone who
On occassion on which he is required or permitted by law to make a statement or declaration
Before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such a notary
Makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding

29
Q

Section 113 Crimes Act 1961 - what is the title?

A

Fabricating evidence

30
Q

Fabricating evidence - what is the act and section ?

A

Section 113 Crimes Act 1961

31
Q

What are the elements of “Fabricating evidence” under section 113 Crimes Act 1961?

A

Everyone who
With intent to mislead any tribunal holding a judicial proceeding to which Section 108 applies
Fabricates evidence
By any means other than perjury.

32
Q

Section 116 Crimes Act 1961 - what is the title?

A

Conspiring to defeat justice

33
Q

Conspiring to defeat justice, act and section?

A

Section 116 Crimes Act 1961

34
Q

What are the elements of “Conspiring to defeat justice” under Section 116 crimes act 1961?

A

Everyone who
Conspires
To obstruct, prevent, pervert or defeat
The course of justice

35
Q

Section 117 Crimes Act 1961 - what is the title?

A

Corrupting juries and witnesses

36
Q

Corrupting juries and witnesses - what is the act and section?

A

Section 117 Crimes Act 1961

37
Q

Section 117(a) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?

A

Everyone who
Dissuades or attempts to dissuade any person
By threats, bribes or other corrupt means
From giving evidence in any cause or matter (whether civil or criminal)
Whether tried or to be tried in NZ or in an overseas jurisdiction

38
Q

Section 117(b) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?

A

Everyone who
Influences or attempts to influence
By threats or bribes or other corrupt means
A member of a jury in his / her conduct as such
Whether the cause or matter is tried or to be tried in NZ and
Whether the member has been sworn in as a member of a particular jury or not

39
Q

Section 117(c) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?

A

Everyone who
Accepts any bribe or other corrupt consideration
To abstain from giving evidence
Whether in a cause or matter tried or to be tried in NZ or an overseas jurisdiction

40
Q

Section 117(d) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?

A

Everyone who
Accepts any bribe or other corrupt consideration
On account of his or her conduct as a member of the jruy
Whether in a cause or matter tried or to be tried in NZ or in an overseas jurisdiction and
Whether the member has been sworn as a member of a particular jury or not

41
Q

Section 117(e) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?

A

Everyone who
Wilfully attempts in any other way
To obstruct, prevent, pervert or defeat
The course of justice in NZ or the course of justice in an overseas jurisdiction

42
Q

What is the act and section for receiving?

A

Section 246(1) Crimes Act 1961

43
Q

Section 246(1) Crimes Act 1961 - what is the title?

A

Receiving

44
Q

Section 246(1) Crimes Act 1961 - Receiving - What are the elements?

A

Everyone who
Receives
Any property stolen or obtained by any other imprisonable offence
Knowing that property to have been stolen or so obtained OR
Being reckless as to whether or not the property had been stolen or so obtained

45
Q

What is the act and section for Money Laundering?

A

Section 243 Crimes Act 1961

46
Q

Section 243 Crimes Act 1961 - what is the title?

A

Money laundering

47
Q

Section 243(2) Crimes Act 1961 - Money Laundering - what are the elements?

A

Everyone who
In respect of any property that is the proceeds of an offence
Engages in a money laundering transaction
Knowing or believing that all or part of the property is the proceeds of an offence OR
Being reckless as to whether or not the property is the proceeds of an offence

48
Q

Section 243(3) Crimes Act 1961 - Money Laundering - what are the elements?

A

Everyone who
Obtains or has in his possession
Any property
Being property that is the proceeds of an offence committed by another person
With intent to engage in a money laundering transaction in respect of that property AND
Knowing or believing that all or part of the property is proceeds of an offence OR
Being reckless as to whether or not the property is the proceeds of an offence

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