Associations Practice Q's Flashcards
What is the definition of perjury?
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.
Does mere preparation of committing an offence constitute an attempt?
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.
List the four elements under s.243(2) for 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 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.
What enquiries should you conduct to prove a person is a party to an offence?
- 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.
List the elements of party to an offence under s.66(1).
- 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.
Outline the knowledge/belief needed for proving a charge of engaging in a money laundering transaction.
- 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.
What is the definition of an offence?
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
What was held in R v Donnelly in relation to receiving?
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.
Outline the elements of Conspiracy?
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
What was held in Mulcahy v R regarding conspiracy?
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.
When does a conspiracy end?
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
What are the two specific types of intent?
- Intent to do deliberate act or omission
- Intent to get a specific result
Can a person be charged with a conspiracy to commit an offence overseas?
Yes, if the offence they intend to commit would be an offence in NZ.
Outline 4 points you should cover when interviewing a suspect in relation to establishing their involvement in a conspiracy offence?
- 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
List the elements of attempts to commit an offence s.72(1)?
- Having intent to commit an offence
- Does or omits an act for the purpose of accomplishing his object
What is meant by ‘sufficiently proximate to the full offence’?
Must be more than mere preparation, must have taken a step toward actually completing the full offence.
What was held in R v Harpur in relation to what constitutes an attempt?
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops.
What is the test for proximity?
- 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?
List the elements for parties under s.66(1)?
- 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
What do you need to prove in a charge of parties to an offence under s.66(1)?
- The identity of the defendant
- An offence has been successfully committed
- The elements of 66(1) have been satisfied
In relation to proof of assistance, what was held in Larkins v Police?
While it is unnecessary that the principal be aware he is being assisted, there must be proof of actual assistance.
What is the difference between aiding and abetting and inciting, counselling and procuring?
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.
List the elements of accessory after the fact s.71(1)?
- 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
What do you need to prove for an offence of accessory after the fact?
- 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
Outline what was held in R II Crooks regarding knowing a person is party to an offence?
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.
What is the actus reus of accessory after the fact?
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.
List the elements of perjury s.108(1)?
- 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
What is the definition of a witness in relation to perjury?
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.
List 4 examples of misleading justice?
- 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
List the elements of receiving s.246(1)?
- 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
When is the act of receiving complete?
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.
What was held in R v Cox in relation to possession?
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.
Outline what was held in Cullen v R in relation to possession for receiving?
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
When is it legally impossible to receive property?
Where property has been returned to the owner or legal title to any such property has been acquired by any person.
R v Donnelly
Explain the concept of title and voidable title?
- 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.
Explain how title can be voided?
- Complaining to the Police
- Communication with the deceiver
- Taking all reasonable steps to bring it to the deceiver’s notice
What is required to establish actual assistance in Police V Larkins?
There must be proof of actual assistance; the mere commission of an act intended to assist is insufficient.
The principal’s absence of knowledge that they are being assisted removes the foundation for finding actual assistance.
What are the ingredients of accessory after the fact?
- The person assisted is a party to an offence.
- The accessory knows that the person assisted was party to the offence.
- The accessory provides assistance or tampering with evidence.
- The accessory’s purpose is to enable escape from arrest, avoid arrest, or avoid conviction.
The accessory must perform a deliberate act with the intention of evading justice.
What is the penalty for fabricating evidence under S113 CA1961?
Imprisonment for a term not exceeding 7 years.
This applies when a person fabricates evidence with the intent to mislead a tribunal in a judicial proceeding.
List examples of guilty knowledge in receiving.
- 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
These examples indicate awareness or suspicion of the illegality of the goods received.
What must the prosecution prove in a charge of money laundering under section 243(2)?
- Dealing with property or assisting in such dealing.
- The property is the proceeds of an offence punishable by 5 years imprisonment or more.
- Knowledge or belief that the property was such proceeds, or recklessness about it.
- An intention to conceal the property.
These elements establish the basis for a money laundering charge.
What is required in an affidavit for an application?
A straightforward affidavit from the officer in charge outlining:
* Officer in Charge details
* Offender details
* Charges
* Criminal convictions
This affidavit is essential for the application process.
What should be described in a search warrant regarding the nature of the offending?
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.
This helps justify the warrant and the severity of the offence.
What must be shown about the property in a search warrant application?
The offender owns, has custody, or control over the property.
This establishes the connection between the offender and the property in question.
