Association Q & A Flashcards
Association Q & A
Association Offences
Multi Choice
Q When is an act physically or factually impossible?
A An act is physically or factually impossible if it is an offence but the suspect is unable to commit it due to ineptitude, insufficient means, interruption or any other circumstances beyond his control.
Rv Ring
Police V Jay
Police V Higgins
Q. An innocent agent
A. An innocent agent carries no liability and is not capable of conviction as a secondary party
Multi Choice
Q The mens Rea, mental intent necessary for conspiracy is
A. The offender’s mental intent must be to commit the full offence. Where this intent does not exist, no crime has been committed.
Q Three conditions must be satisfied
A. Case law has established the following three conditions that must apply for an attempt conviction to succeed:
(1) Intent (mens rea)
(2) Act (actus reus)
(3) Proximity (sufficiently close)
The suspect behaviour must satisfy all three conditions at a minimum to constitute an attempt. Additionally there is the requirement that it must be legally possible to commit the offence in the circumstances. A person can be convicted of an offence that was physically impossible to commit.
Q. Acts must be sufficiently proximate to the full offence
A. Generally, to prove an attempt the accused must have done or omitted to do some act that is sufficiently proximate to the full offence.
Effectively the accused must have started to commit the full offence and have gone beyond the phase of mere preparation. This is the ‘all but’ rule
Q. Define Police V Larkins
A. Whilst it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
The mere commission of an act intended to have that effect is insufficient.
Absence of knowledge by the principal that is being assisted removes a common foundation for finding of actual assistance, namely that the principal was unable to proceed with his enterprise with the additional confidence gained because his accomplice was on the lookout for unwanted intervention.
Q. The ingredients of accessory after the fact are
A.That the person, (person A) who is received, comforted or assisted by the accessory (person B) is a party (principal or secondary party) to an offence that has been committed.
That at the time of receiving, comforting or assisting that person (person A), the accessory (person B) knows that person (person A) was party to the offence.
That the accessory (person B) received, comforted or assisted that person (person A) or tampered with or actively supressed any evidence against that person (person A)
That, at the time of the receiving comforting or assisting, the accessory’s (person B) purpose was to enable that person (person A) to escape after arrest or avoid arrest or conviction.
The accessory must do a deliberate intentional act with the purpose of assisting the person to evade justice in one of 3 ways.
Escape after arrest
Avoid arrest
Avoid conviction
They must also possess the knowledge as discussed above – the offence
has been committed and the person they are assisting was party (principal or secondary) to that offence.
Q. Fabricating Evidence S113 CA1961
A. Everyone is liable to imprisonment for a term not exceeding 7 years who…with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies fabricates evidence by any means other than perjury.
Receiving – list 4 examples of guilty knowledge
receipt of goods in an unusual place
receipt of goods at an unusual time
Receipt of goods in an unusual way
Absence of a receipt where a receipt would normally be issued
Lack of packaging
Purchase at gross undervalue
Practicals
Q. What is required to be proved by the Prosecution in relation to a charge of money laundering.
A. When considering a principal charge of money laundering under section 243(2), proof of the following four elements is required
- Dealing with property or assisting in such dealing
The source of the property being the proceeds of an offence punishable by 5 years imprisonment or more committed by another person.
Knowledge or belief that the property was the proceeds of such an offence, or reckless as to whether it was the proceeds of such an offence
An intention to conceal the property.
Q. Affidavit required for application.
A. Such an application will require a straight forward affidavit from the officer in charge of the file outlining:
Officer in Charge (details)
Offender (details)
(charges)
(criminal convictions)
Search Warrant – describe the nature of the offending discovered at or involving the property (asset) concerned.
*Note, where the value of the asset is high you need to demonstrate that the offending was at more of a commercial level.
Outline any admissions made during the interview
Property: describe property sought to be restrained and its value
Show that the offender owns, has custody or control over the property
Q. What are main points in R v Renata
A. - Each offender satisfies the ingredients of the offence committed.
- Each offender separately satisfies the actus reus
Q. Interviewing witness and suspects in a Conspiracy Investigation
A. Witnesses: Interview and obtain statements form witnesses covering:
Identity of the people present at the agreement
With whom the agreement was made
What offence was planned
Any acts carried out to further the common purpose
Suspects:
Interview the people concerned and obtain statements to establish:
The existence of the agreement to commit the offence or
The existence of an agreement to omit to do something that would amount to an offence and
The intent of those involved in the agreement
The identity of all the people concerned where possible
Whether anything was written, said or done to further the common purpose.
Criminal Recovery Act 2009
Tainted Property
means any property that has, wholly or in part been
acquired as a result of significant criminal activity or
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 liability.
Unlawfully Criminal Recovery Act 2009
In this act, unless the context otherwise requires, 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 activity)
Q. In relation to the offence of Perjury , what intent is required
A. The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal
There must be an intention to mislead the tribunal, where this intention is absent, no offence is committed.
