Associations Practice Q's

Question 2

What is the definition of perjury?

Answer 2

An assertion of fact, opinion, belief, knowledge made by a witness during judicial proceedings as part of evidence on oath, that is known to be false and intended to mislead the tribunal holding the proceeding.

Perjury can occur whether the evidence is given in open court or by affidavit or otherwise.

Question 3

Does mere preparation of committing an offence constitute an attempt?

Answer 3

No, the accused must have done something sufficiently proximate to the full offence; they must have started to commit the full offence.

This indicates that intention alone is not enough; there must be an action taken toward the commission of the crime.

Question 4

List the four elements under s.243(2) for money laundering.

Answer 4

-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 proceeds of an offence (or)
-Being reckless as to whether or not the property is proceeds of an offence

These elements establish the legal framework for identifying money laundering activities.

Question 5

What enquiries should you conduct to prove a person is a party to an offence?

Answer 5

• Reconstruction of the offence indicating more than one person involved
• Principal offender acknowledging or admitting others were involved
• Suspect or witness admitting they provided assistance
• Witness providing evidence of another’s involvement
• Receiving information that others were involved in the offence

These inquiries help establish a connection between individuals and the commission of the offence.

Question 6

List the elements of party to an offence under s.66(1).

Answer 6

• Actually commits the offence
• Does or omits to do an act for the purposes of aiding any person to commit the offence
• Abets any person in the commission of the offence
• Incites, counsels, or procures any person to commit the offence

These elements cover various ways individuals can be involved in an offence beyond direct commission.

Question 7

Outline the knowledge/belief needed for proving a charge of engaging in a money laundering transaction.

Answer 7

• That all or part of the property is the proceeds of an offence
• That they have an interest in that property
• That they have dealt with or concealed how they obtained the property

This knowledge or belief is crucial for establishing culpability in money laundering cases.

Question 8

What is the definition of an offence?

Answer 8

Any act or omission that is punishable on conviction under any enactment and are demarcated into 4 categories under sect 6 of criminal procedures act 2011

Question 9

What was held in R v Donnelly in relation to receiving?

Answer 9

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person it is not an offence to subsequently receive it, even though the receiver may know the property had previously been stolen or so obtained.

Question 10

Outline the elements of Conspiracy?

Answer 10

Conspires
* with any other person
* to commit any offence or
* do or omit in any part of the world
* anything of which the doing or omission in NZ would be an offence

Question 11

What was held in Mulcahy v R regarding conspiracy?

Answer 11

A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act or do a lawful act by unlawful means.

Question 12

When does a conspiracy end?

Answer 12

A conspiracy does not end in the making of the agreement; it carries on in existence until the act is completed or the agreement is abandoned or discharged.

R v Sanders

Question 13

What are the two specific types of intent?

Answer 13

• Intent to do deliberate act or omission
• Intent to get a specific result

Question 14

Can a person be charged with a conspiracy to commit an offence overseas?

Answer 14

Yes, if the offence they intend to commit would be an offence in NZ.

Question 15

Outline 4 points you should cover when interviewing a suspect in relation to establishing their involvement in a conspiracy offence?

Answer 15

• The existence of an agreement to commit an offence
• The intent of those in the agreement
• The identity of those concerned
• Whether anything was written, said or done to further the common purpose

Question 16

List the elements of attempts to commit an offence s.72(1)?

Answer 16

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

Question 17

What is meant by ‘sufficiently proximate to the full offence’?

Answer 17

Must be more than mere preparation, must have taken a step toward actually completing the full offence.

Question 18

What was held in R v Harpur in relation to what constitutes an attempt?

Answer 18

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops.

Question 19

What is the test for proximity?

Answer 19

• Has the offender done anything more than getting himself into a position from which he could embark on an attempt?
• Has the offender commenced execution and taken an actual step in the crime itself?

Question 20

List the elements for parties under s.66(1)?

Answer 20

• Actually commits the offence
• Does or omits to do an act for the purposes of aiding any person to commit the offence or
• Abets any person in the commission of the offence or
• Incites, counsels or procures any person to commit the offence

Question 21

What do you need to prove in a charge of parties to an offence under s.66(1)?

Answer 21

• The identity of the defendant
• An offence has been successfully committed
• The elements of 66(1) have been satisfied

Question 22

In relation to proof of assistance, what was held in Larkins v Police?

Answer 22

While it is unnecessary that the principal be aware he is being assisted, there must be proof of actual assistance.

Question 23

What is the difference between aiding and abetting and inciting, counselling and procuring?

Answer 23

Aiding and abetting generally require the presence of someone at the scene of the offence; Incites, counsels and procures all occur before the offence has been committed.

Question 24

List the elements of accessory after the fact s.71(1)?

Answer 24

• Knowing any person to have committed an offence
• Receives, comforts, assists, tampers with or actively suppresses evidence against him
• To enable them to escape after arrest, avoid arrest or conviction

Question 25

What do you need to prove for an offence of accessory after the fact?

Answer 25

* That the offence has been completed by the person being received * That at the time of being received the receiver knew the person had committed an offence * That the receiver received, comforted, assisted, tampered with or actively suppressed evidence against the offender * That the receiver intended to assist that person in escaping after arrest, avoid arrest or conviction

Question 26

Outline what was held in R II Crooks regarding knowing a person is party to an offence?

Answer 26

Knowledge means actual knowledge or belief in a sense of having no real doubt that the person assisted was a party to the relevant offence; mere suspicion of involvement is insufficient.

Question 27

What is the actus reus of accessory after the fact?

Answer 27

The intentional act of assisting a person escape after arrest, avoid arrest or conviction by receiving, comforting, assisting, tampering with or actively suppressing evidence against him.

Question 28

List the elements of perjury s.108(1)?

Answer 28

* A witness making any assertion of fact, opinion, belief or knowledge * In any judicial hearing * Forming part of that witness's evidence on oath * Known by the witness to be false and * Intending to mislead the tribunal

Question 29

What is the definition of a witness in relation to perjury?

Answer 29

A person giving evidence and able to be cross-examined in a proceeding, includes a person who is giving, has given or will give evidence.

Question 30

List 4 examples of misleading justice?

Answer 30

* Preventing a witness from testifying * Wilfully going absent as a witness * Bribing a jury member * Arranging a false alibi * Concealing a fact an offence has been committed

Question 31

List the elements of receiving s.246(1)?

Answer 31

* Receives * Any property stolen * Or obtained by any other offence * Knowing that property to be stolen or so obtained or * Being reckless as to whether or not the property had been stolen or so obtained

Question 32

When is the act of receiving complete?

Answer 32

As soon as the offender has exclusive or jointly with the if or any other person, possession of or control over, the property or helps in the concealing or disposing of the property.

Question 33

What was held in R v Cox in relation to possession?

Answer 33

Possession involves two elements: firstly the physical element, actual or potential custody or control; second, knowledge and intent, knowledge that the thing is in his possession and an intention to exercise possession.

Question 34

Outline what was held in Cullen v R in relation to possession for receiving?

Answer 34

Aware the item is where it is * Aware the item had been stolen * Actual or potential control of the item * An intention to exercise control over the item

Question 35

When is it legally impossible to receive property?

Answer 35

Where property has been returned to the owner or legal title to any such property has been acquired by any person. ## Footnote R v Donnelly

Question 36

Explain the concept of title and voidable title?

Answer 36

* Title is a legal right to the property, a claim of right to possession of that thing. * Voidable title is title obtained by deception and is avoidable by the seller.

Question 37

Explain how title can be voided?

Answer 37

* Complaining to the Police * Communication with the deceiver * Taking all reasonable steps to bring it to the deceiver's notice

Question 38

What is required to establish actual assistance in Police V Larkins?

Answer 38

There must be proof of actual assistance; the mere commission of an act intended to assist is insufficient. ## Footnote The principal's absence of knowledge that they are being assisted removes the foundation for finding actual assistance.

Question 39

What are the ingredients of accessory after the fact?

Answer 39

1. The person assisted is a party to an offence. 2. The accessory knows that the person assisted was party to the offence. 3. The accessory provides assistance or tampering with evidence. 4. The accessory's purpose is to enable escape from arrest, avoid arrest, or avoid conviction. ## Footnote The accessory must perform a deliberate act with the intention of evading justice.

Question 40

What is the penalty for fabricating evidence under S113 CA1961?

Answer 40

Imprisonment for a term not exceeding 7 years. ## Footnote This applies when a person fabricates evidence with the intent to mislead a tribunal in a judicial proceeding.

Question 41

List examples of guilty knowledge in receiving.

Answer 41

* 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 one would normally be issued * Lack of packaging * Purchase at gross undervalue ## Footnote These examples indicate awareness or suspicion of the illegality of the goods received.

Question 42

What must the prosecution prove in a charge of money laundering under section 243(2)?

Answer 42

1. Dealing with property or assisting in such dealing. 2. The property is the proceeds of an offence punishable by 5 years imprisonment or more. 3. Knowledge or belief that the property was such proceeds, or recklessness about it. 4. An intention to conceal the property. ## Footnote These elements establish the basis for a money laundering charge.

Question 43

What is required in an affidavit for an application?

Answer 43

A straightforward affidavit from the officer in charge outlining: * Officer in Charge details * Offender details * Charges * Criminal convictions ## Footnote This affidavit is essential for the application process.

Question 44

What should be described in a search warrant regarding the nature of the offending?

Answer 44

The nature of the offending discovered at or involving the property concerned, including evidence of commercial level offending if the asset's value is high. ## Footnote This helps justify the warrant and the severity of the offence.

Question 45

What must be shown about the property in a search warrant application?

Answer 45

The offender owns, has custody, or control over the property. ## Footnote This establishes the connection between the offender and the property in question.