Bully 5-7 Flashcards
Examples of misleading justice
- preventing a witness from testifying
- arranging a false alibi
- bribing jury members
- bribing witnesses
When receiving is complete
As soon as offender has possession of or control over the property or helps in concealing or disposing of it
Title definition
A right or aim to the ownership of property, legal right to possession
How to void title
- communicate directly with deceiver
- report to police
- take all possible steps to bring to deceivers notice
Receiving cemircumstantial evidence of guilt knowledge. At least 8
- nature of property
- purchase at gross undervalue
- lack of original packaging
- mode of payment
- absence of receipt
- removal of identifying marks
- possession of recently stolen property
- concealment of property
Doctrine of recent possession
Applies to receiving and theft. Where acquired goods willingly, proof of possession by defendant of property recently stolen, without a good explanation, is proof they are either receiver or theif
Conceal (property laundering)
Means to conceal or disguise including converting property from one form to another
Conceal or disguise nature, source, location or ownership of property
Offence (money laundering)
Means an offence that is punishable under nz law including any act that would be an offence in nz if committed in nz
Ingredients of money laundering
Has in possession property with intent to engage in money laundering transaction and knowing or believing that all or part of property is proceeds of an offence or being reckless whether is proceeds of an offence.
Tainted property
Any property that has wholly or partly been acquired as a result of significant criminal activity or directly or indirectly derived from significant criminal activity
Significant criminal activity
Consists of 1 or more offences punishable by a maximum if 5 years or more or which property proceeds or benefits of a value of $30,000 or more have directly been acquired
Retraining order
Commissioner of police can apply for ro, assets forfeiture orders and profit orders. Delegated to members in asset recovery units. Only these members can apply.
Suspect interview money laundering
- expenditure
- assets
- liabilities
- suspects legitimate income