Definitions Flashcards
Abets
Abets
Means to instigate the crime, or to encourage the offender.
Aids
Aids
Means to help person commit the crime, gives advice or information. Person proved circumstantially. Gender neutral.
An imprisonable offence
An imprisonable offence
Normal meaning – any offence punishable by a term of imprisonment
Conceal
Conceal - Section 243(1), Crimes Act 1961
In relation to property means to conceal or disguise.
Conspires (Conspiracy s310(1) CA61)
Conspires
- The conspiratorial agreement requires the operation of both the physical and mental faculties.
- The actus reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.
- The mens rea (mental intent) necessary for a conspiracy is: • an intention of those involved to agree, and • an intention that the relevant course of conduct should be pursued by those party to the agreement.
Counsels
Counsels
To intentionally instigate crime, to give advice or plan offence.
Does or Omits Act
Does/Omits physical act (Actus reus) to facilitate the commission of a crime.
Engages in a Money Laundering transaction
Section 243(4), Crimes Act 1961
Offender deals with the property for the purpose of concealing it. Can be for self or another.
Constructive Possession (Receiving s246 CA61)
Constructive Possession
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Guilty knowledge (money laundering)
Guilty knowledge
Guilty knowledge must exist at the time of laundering the property
Incites
Incites
To rouse, stimulate, urge on, animate or stir up offender.
Intent
Intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.
Escape/Arrest/Conviction (AAF 71(1) CA61)
Escape/Arrest/Conviction
All have the normal meanings. Actions taken must be intended to assist the person to evade justice.
Knowing (AAF 71(1) CA61)
Knowing
The accused must have knowledge that the person that they are being an accessory to was party to an offence at the time of assisting them.
Offence (Conspiracy s310(1) CA61)
Offence
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.