Definitions

Question 1

What elements are required to be proven in a Conspiracy

Answer 1

Requires mental and physical elements -

Actus rea - an agreement between 2 or more people to put their common design into effect

Mens rea - an intention of those involved to agree. An intention that the relevant course of conduct should be pursued by those party to the agreement.

Question 2

Omission

Answer 2

The agreement between the parties concerned may also have as its object an omission (failure to act) as opposed to the commission of an offence and as such this must not be overlooked.

Question 3

Offence

Answer 3

Any act/omission punishable on conviction by any enactment

Question 4

Person

Answer 4

Gender neutral, proven by Judicial notice or Circumstantial evidence

Must be between two or more persons.

Question 5

Knowledge - accessory

Answer 5

The accused must have knowledge the person they are being an accessory to was party to an offence at the time of assisting them.

Question 6

Parties -s66(1), CA1961

Answer 6

Everyone is a party to an offence who commits an act for aiding any person, abets, incites or counsels any person

Question 7

Receives - accessory

Answer 7

Harbouring an offender or offering them shelter

Question 8

Comforts

Answer 8

Accessory provides an offender with food and clothing

Question 9

Assists

Answer 9

Deliberate act to assist person evade justice. Act must actually help person.

Question 10

Tampers with

Answer 10

Alter evidence against the offender.

Question 11

Actively suppresses evidence

Answer 11

Concealing or destroying evidence against the offender

Question 12

Escape after arrest

Answer 12

Act specifically assisted offender after they were arrested

Question 13

Define Witness

Answer 13

Person who gives evidence and is able to be cross-examined in a proceeding

Question 14

Define Assertion

Answer 14

Something declared or stated positively

Question 15

Matter of fact

Answer 15

Fact is a thing done, actual occurrence or event

Question 16

Define Opinion

Answer 16

s4 Evidence Act 2006, in relation to statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact

Question 17

Define Belief

Answer 17

Essentially a subjective feeling regarding the validity of an idea or set of facts

Question 18

Judicial proceeding (form of giving evidence)

Answer 18

Includes giving evidence by audio-visual link from another location (overseas/in NZ)

Question 19

Define Oath

Answer 19

Declaration before a person who has authority to administer an oath, invokes some religious belief and says a thing is true or right

Question 20

When is perjury complete?

Answer 20

Offence of perjury is complete when false evidence is given accompanied by an intention to mislead the tribunal

No defence of witness later recants and informs tribunal of the falsity of earlier evidence given.

Question 21

Define Receiving (property)

Answer 21

Receiving is complete as soon as the offender has either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property

Question 22

Property

Answer 22

Any real or personal property or any interest in any real or personal property

Question 23

Theft

Answer 23

Dishonestly, without claim of right, takes any property with intent to permanently deprive the owner of any interest in that property.

Question 24

Obtains

Answer 24

Obtain or retain for themselves or any other person

Question 25

Imprisonable offence

Answer 25

Offence punishable by imprisonment.

Question 26

Reckless

Answer 26

Conscious and deliberate taking of an unjustified risk

Question 27

Define incites

Answer 27

Means to “rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence”