Association Offences Module - Liabilities

Question 1

What are the elements of Section 310, Crimes Act 1961?

Answer 1

Section 310 – Conspiring to commit offence

• 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

Question 2

What are the elements of Section 72, Crimes Act 1961?

Answer 2

Section 72 – Attempting to commit an offence

• With intent to commit an offence
• Does or omits an act
• For the purpose of accomplishing his object

Question 3

What are the elements of Section 66(1), Crimes Act 1961?

Answer 3

Section 66(1) – Parties to offences

• Any person
  (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; or
  (d) Incites, counsels, or procures any person to commit the offence

Question 4

What are the elements of Section 66(2), Crimes Act 1961?

Answer 4

Section 66(2) – Parties to offences

• 2 or more persons
• Form a common intention to prosecute any unlawful purpose
• 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.

Question 5

What are the elements of Section 70(1), Crimes Act 1961?

Answer 5

Section 70(1) – Offence committed other than offence intended

• A person who
• Incites or counsels or procures
• Another person
• To be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested

Question 6

What are the elements of Section 70(2), Crimes Act 1961?

Answer 6

Section 70(2) – Offence committed other than offence intended

• A person who
• Incites or counsels or procures
• Another person
• To be a party to an offence is a 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.

Question 7

What are the elements of Section 71(1), Crimes Act 1961?

Answer 7

Section 71(1) – Accessory after the fact

• 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

Question 8

What are the elements of Section 108, Crimes Act 1961?

Answer 8

Section 108 – Perjury

• A witness
• Making any assertion as to any matter of fact, opinion, belief, or knowledge
• In any judicial proceeding
• Forming part of that witness’s evidence on oath
• Known by that witness to be false, and
• Intended to mislead the tribunal

Question 9

What are the elements of Section 116, Crimes Act 1961?

Answer 9

Section 116 – Conspiring to defeat justice

• A person
• Conspires
• To obstruct, prevent, pervert or defeat
• The course of justice

Question 10

What are the elements of Section 246, Crimes Act 1961?

Answer 10

Section 246 – Receiving

• Receives
• Any property stolen OR obtained by any other imprisonable offence
• Knowing that at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence OR being reckless as to whether or not the property had been stolen or so obtained

Question 11

What are the elements of Section 243(2), Crimes Act 1961?

Answer 11

Section 243(2) – Money laundering

• 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

Question 12

What are the elements of Section 243(3), Crimes Act 1961?

Answer 12

Section 243(3) – Money laundering

• Obtains OR has in his or her possession
• Any property (being property that is the proceeds of an offence committed by another person)
  (a) With intent to engage in a money laundering transaction in respect of that property; AND
  (b) 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