Association Offences Module - Definitions

Question 1

What is the definition of ‘conspiracy’?

Answer 1

A conspiracy is an agreement between two or more people to commit an offence; forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.

Question 2

What is the definition of ‘intent’?

Answer 2

There are two specific types of intention – an intention to commit the act and an intention to get a specific result.

Intent means that the act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

Question 3

What is the definition of ‘offence’?

Answer 3

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories described in s6, Criminal Procedures Act 2011.

Question 4

What is the definition of ‘act’?

Answer 4

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

Question 5

What is the definition of ‘omission’?

Answer 5

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

Question 6

What is the definition of ‘proximity’?

Answer 6

The determination of proximity is an inconclusive one and will come down to the circumstances as they exist for each individual offence that is being investigated.

When determining proximity you must take into consideration fact, degree, common sense and the seriousness of the offence in each case.

Question 7

What is the definition of ‘physical or factual impossibility’?

Answer 7

If the act in question amounts to an offence, but the suspect is unable to commit it due to interruption, ineptitude, or any other circumstances beyond their control.

Question 8

What is the definition of ‘legal impossibility’?

Answer 8

Where the completed act is legally impossible (therefore not an offence) the suspect cannot be convicted of an attempt, even where they may have had criminal intent.

Question 9

What is the definition of ‘principal party’?

Answer 9

A person is liable under s66(1)(a) where he or she personally satisfies the actus reus and mens rea requirements of the offence.

Question 10

What is the definition of ‘secondary party’?

Answer 10

Secondary parties are those people whose assistance, abetment, incitement, counselling or procurement is sufficient under s66(1)(b), (c) or (d) to make them also liable.

This is despite the fact that the secondary party does not themselves commit that offence.

Question 11

What is the definition of ‘aids’?

Answer 11

Means to assist in the commission of the offence, either physically or by giving advice and information.

Question 12

What is the definition of ‘abets’?

Answer 12

Means to instigate or encourage; that is, to urge another person to commit the offence.

Question 13

What is the definition of ‘acquiescence’?

Answer 13

The reluctant acceptance of something without protest.

Question 14

What is the definition of ‘incites’?

Answer 14

Means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.

Question 15

What is the definition of ‘counsels’?

Answer 15

Means to intentionally instigate the offence by advising a person(s) on how best to commit an offence or planning the commission of an offence for another person(s).

Counselling may also mean “urging someone to commit an offence”, in which case it will overlap with incitement.

Question 16

What is the definition of ‘procures’?

Answer 16

Setting out to see that something happens and taking the appropriate steps to ensure that it does.

Procures requires that the secondary party deliberately causes the principal party to commit the offence. It requires a stronger connection between the secondary party and the commission of the offence than is evidenced in aiding, abetting or inciting.

Question 17

Under s66(2) CA61, what is the definition of being a party to a secondary offence?

Answer 17

They can also be charged as parties to any other offence (offence B) that any one of them commits in order to assist in the commission of the offence originally agreed to (offence A), provided that the other offence (offence B) is known to be a probable consequence of the prosecution of their common purpose (offence A).

Question 18

What is the definition of ‘probable consequence’?

Answer 18

It is a subjective appreciation on the part of the offender (person A), where they must actually foresee the likelihood that their co-offender (person B) will commit another offence (offence B) when committing the original offence (offence A) agreed by both parties.

Question 19

What is the definition of an ‘innocent agent’?

Answer 19

An innocent agent is someone who is unaware of the significance of their actions.

Question 20

In relation to being an accessory after the fact, what is the definition of ‘receiving’?

Answer 20

Harbouring an offender or offering them shelter.

Question 21

What is the definition of ‘comforting’?

Answer 21

Providing an offender with shelter, accommodation, food, clothing, or other supplies.

Question 22

In relation to accessory after the fact, what is the definition of ‘assists’?

Answer 22

Refers to providing transport, acting as a look out, providing authorities with false information, giving advice, information, material or services to the offender.

Question 23

What is the definition of ‘tampers with evidence’?

Answer 23

Means to alter the evidence against the offender.

Question 24

What is the definition of ‘actively suppresses evidence’?

Answer 24

Actively suppressing evidence encompasses acts of concealing or destroying evidence against an offender.

Question 25

What is the definition of ‘perjury’?

Answer 25

An assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.

Question 26

What is the definition of a ‘witness’?

Answer 26

A person who gives evidence and is able to be cross-examined in a proceeding.

Question 27

What is the definition of an ‘assertion’?

Answer 27

This is something that is declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.

Question 28

What is the definition of ‘matter of fact’?

Answer 28

A fact is a thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony and evidence.

Question 29

What is the definition of ‘opinion’?

Answer 29

Means a statement of opinion that tends to prove or disprove a fact.

Question 30

What is the definition of ‘belief’?

Answer 30

Essentially a subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge. Belief is having faith in an idea or formulating a conclusion as the result of considering the available information.

Question 31

What is the definition of ‘oath’?

Answer 31

This is a declaration before a person who has authority to administer an oath, which invokes some religious belief and says that a thing is true or right.

Question 32

What is the definition of ‘affirmation’?

Answer 32

This is a verbal or written declaration, before a person who has authority to administer an oath, saying that a thing is true or right without reference to religious belief.

Question 33

What is the definition of ‘declaration’?

Answer 33

A witness under 12 years old may make a declaration, which is a promise to tell the truth.

Question 34

What is the general definition of ‘course of justice’?

Answer 34

The administration of justice by the courts is at its heart.
This includes proceedings initiated and continuing before a tribunal as in the case of undercover police officers, and also conduct intended to affect whether or not proceedings will ever be started.

Question 35

What is the definition of ‘property’?

Answer 35

Property includes real and personal property, and any estate or interest in any real and personal property, money, electricity, and any debt, and anything in action, and any other right or interest. Includes both tangible and intangible property.

Question 36

What is the definition of ‘taking’?

Answer 36

Section 219(4) CA61:

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 37

What is the definition of ‘title’?

Answer 37

A right or claim to the ownership of property.

Question 38

What is the definition of ‘voidable title’?

Answer 38

A title obtained by deception, fraud, duress or misrepresentation is called a ‘voidable title’. This means that the title can be avoided (vacated) by the seller.

Until the title is voided, the defrauder has voidable title, and can confer good title on anyone who acquires the goods from him or her in good faith and for value.

Question 39

What is the definition of ‘propensity evidence’?

Answer 39

Propensity evidence is evidence about a person’s propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 40

What is the definition of ‘money laundering’?

Answer 40

Money laundering is the process of dealing with the proceeds of criminal activity in such a way as to make the proceeds appear to have been legitimately acquired.

Question 41

In relation to money laundering, what is the definition of ‘conceal’?

Answer 41

In relation to property, means to conceal or disguise the property, and includes, without limitation:
(a) To convert the property from one form to another
(b) To conceal or disguise the nature, source, location, disposition, or ownership of the property or of any interest in the property

Question 42

In relation to money laundering, what is the definition of ‘deal with’?

Answer 42

In relation to property, means to deal with the property in any manner and by any means, and includes, without limitation:
(a) To dispose of the property, whether by sale, purchase, gift or otherwise
(b) To transfer possession of the property
(c) To bring the property into New Zealand
(d) To remove the property from New Zealand

Question 43

In relation to money laundering, what is the definition of ‘interest’?

Answer 43

In relation to property, means:
(a) A legal or equitable estate or interest in the property; or
(b) A right, power, or privilege in connection with the property

Question 44

In relation to money laundering, what is the definition of ‘proceeds’?

Answer 44

In relation to an offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence.

Question 45

What is the definition of ‘tainted property’?

Answer 45

(a) Means any property that has, wholly or in part, been –
(i) Acquired as a result of significant criminal activity; or
(ii) Directly or indirectly derived from significant criminal activity; and

(b) Includes any property that has been acquired as a result of, or directly or indirectly derived from, more than 1 activity if at least 1 of those activities is a significant criminal activity

Question 46

What is the definition of a ‘qualifying instrument forfeiture offence’?

Answer 46

Means an offence punishable by a maximum term of imprisonment of 5 years of more AND includes an attempt to commit, conspiring to commit, or being an accessory to an offence if the max term of imprisonment for that attempt, conspiracy, or activity is 5 years or more.

Question 47

What is the definition of ‘significant criminal activity’?

Answer 47

An activity engaged in by a person that if proceeded against as a criminal offence would amount to offending –
(a) That consists of, or includes, 1 or more offences punishable by a max term of imprisonment of 5 years of more; or
(b) From which property, proceeds, or benefits of a value of $30,000 or more have, directly or indirectly, been acquired or derived

Question 48

What does it mean by ‘unlawfully benefited from significant criminal activity’?

Answer 48

A person has unlawfully benefited from significant criminal activity if the person has knowingly, directly or indirectly, derived a benefit from significant criminal activity (whether or not that person undertook or was involved in the significant criminal activity).

Question 49

What is the definition of an ‘instrument of crime’?

Answer 49

Property used to commit or facilitate the commission of a qualifying instrument forfeiture offence