Bully

Question 1

Three elements of an attempt offence

Answer 1

Intent - to commit an offence - men’s rea
Act - that they did something to achieve this - actus reus
Proximity - that the act was sufficiently close
Must satisfy all 3 also must be legally possible to commit offence

Question 2

Impossibility (attempt)

Answer 2

A person can he convicted of an offence that was physically impossible but not legally impossible

Question 3

Impossibility (attempt)

Answer 3

A person can he convicted of an offence that was physically impossible but not legally impossible

Question 4

Once sufficiently proximate attempt no defence to:

Answer 4

We’re prevented by an outside agent
Failed to complete full offence due to ineptitude
Were prevented from completing full offence due to an intervening event making it physically impossible

Question 5

Unable to charge with attempt

Answer 5

• Criminality depends on recklessness
• an attempt is included within the definition of that offence eg assault
• the offence is such that the act has to be completed in order to exist at all eg demands with menace

Question 6

Conspiracy to commit an offence overseas

Answer 6

It is an offencd to conspire to commit an offence in any part of the world that would be an offence in New Zealand. They have a defence if they are able to prove that the act is not an offence where it would be committed

Question 7

Conspiracy between parties in Nz and other country

Answer 7

Courts likely take view that conspiracy was formed in both countries simultaneously and would lie in nz courts jurisdiction

Question 8

Investigate witnesses conspiracy

Answer 8

• identity of people present at time of agreement
• with whom the agreement was made
• what offence was planned
• any acts carried out to further common purpose

Question 9

Investigate suspects conspiracy

Answer 9

• establish the existence of an agreement to commit offence
• existence of agreement to omit to do something that would be an offence
• intent of those involved in agreement
• identity of all concerned
• whether anything was written or done

Question 10

Charging conspiracy and substantive offence simultaneously undesirable as….

Answer 10

• evidence admissible only on conspiracy may be prejudicial for substantive
• judge may disallow evidence as too prejudicial
• may unnecessarily complicate and prolong
• severance may be ordered

Question 11

What you need to prove parties

Answer 11

• identity of defendant
• an offence has been successfully committed
• the elements of s66(1) have been satisfied

Question 12

Aid

Answer 12

Means to assist in the commission of an offence either physically or by giving advice or information. Doesn’t have to be at scene.

Question 13

Abets

Answer 13

Means to instigate or encourage. To urge a person to commit the offence.

Question 14

Incites

Answer 14

Means to rouse, stir up, stimulate or spur on a person to commit the offence eg sports fan spurs on another fan to assault a protestor

Question 15

Counsel

Answer 15

Means to instigate the offence by advising on how best to.

Not necessary that the counselor knows the clear detail in respect of the offence to be committed just that they know an offence of that kind is to be committed
Eg letter on how to blow up a safe

Question 16

Procures

Answer 16

Is setting out to see that something happens and taking appropriate steps that it does. Eg. Women obtains service of hitman to kill husband and offers money

Question 17

Establishing involvement of parties by:

Answer 17

• a reconstruction of the offence.
• the principal offender admitting others were involved
• a suspect or witness admitting to aiding
• a witness providing evidence of another person’s involvement

Question 18

Add to the end of charge for parties:

Answer 18

"In that you did 
-aid
-abet
-Incite
-Counsel 
-Procure 
the commission of the said offence

Question 19

Intentional acts of accessory after fact

Answer 19

• recieves
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 20

Reviewing or comforting

Answer 20

Harboring an offender or offering them shelter

Question 21

Assisting

Answer 21

Providing transport, acting as lookout, giving advice, providing authorities with false info

Question 22

Tempers with evidence

Answer 22

Means to alter evidence against offender

Question 23

Suppresses evidence

Answer 23

Covers acts of concealing or destroying evidence against offender