Definitions

Question 1

Define conspiracy

Answer 1

Conspiracy is an agreement by two or more people to commit an offence or to do or omit to do anything that would be an offence anywhere in the world.

This necessarily occurs before the principal offence is committed.

It comes after the intent to commit the crime, and before the attempt.

Therefore, in cases where the crime has not actually been committed, and where there is insufficient evidence to prove an attempt, a charge of conspiracy may be appropriate.

Question 2

Define Omission

Answer 2

the action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.

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.

Example:
A security guard deliberately fails to lock a door that he would normally secure (the omission), with the aim being that his associates gain entry to commit a burglary (the offence).

Question 3

Define Intent

Answer 3

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 4

Define Offence/Crime

Answer 4

“Offence” and “crime” are words that are used interchangeably in statute, and there is no material difference between them. They may be described as any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories described in s6, Criminal Procedures Act 2011.

Question 5

Define Act

Answer 5

To take action or do something, to bring about a particular result

Question 6

Define Attempts

Answer 6

Crimes Act 1961
Section 72 - Definition of attempts

(1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 7

Define Abet

Answer 7

Abets means to instigate or encourage; that is, to urge another person to
commit the offence. As with aiding, the presence of the abettor at the scene
of the offence at the time of its commission is not required.

Example: Abets
A woman discovers her same sex marriage partner with another person. A
fight breaks out between the woman and the other person. While the fight
continues the partner encourages the other person to kill her same sex
marriage partner.

Question 8

Define Incites

Answer 8

To incite means to rouse, stir up, stimulate, animate, urge or spur on a person
to commit the offence. For example, a sports fan spurs on another fan to
assault a protester and yells approval while the offence takes place.

Question 9

Define Counsels

Answer 9

Counsels means to intentionally instigate the offence by advising a person(s)
on how best to commit an offence, or planning the commission of an offence
for another person(s). Counselling may also mean “urging someone to
commit an offence”, in which case it will overlap with incitement.

Question 10

Define Procures

Answer 10

Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does.

“Procures” requires that the secondary party deliberately causes the principal
party to commit the offence. It requires a stronger connection between the
secondary party and the commission of the offence than is evidenced in
aiding, abetting or inciting.

Example:
A woman obtains the services of a ‘hit man’ to kill her husband and offers
money or sexual services to him as payment.

Question 11

Define common intention in relation to secondary offences

Answer 11

In situations where two or more offenders form a common intention (an
agreement) and embark on a joint enterprise (commit an offence) together,
for example a robbery (offence A), all who entered into the agreement can be
charged as parties to that offence (offence A).

They can also be charged as parties to any other offence (offence B) that any
one of them commits in order to assist in the commission of the offence
originally agreed to (offence A), provided that the other offence (offence B)
is known to be a probable consequence of the prosecution of their common
purpose (offence A).

Question 12

Define Knowing

Answer 12

“Knowing” means “knowing, or correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something:

Question 13

Define Wilful Blindness

Answer 13

The concept of wilful blindness (intentional ignorance) should not simply be
invoked because the person should have inquired into the facts, even in
circumstances where the person was suspected of having involvement in an
offence. To do so would create a situation where knowledge and
recklessness are indistinguishable.

A person is considered wilfully blind in only two situations, these being:
* where the person deliberately shuts their eyes and fails to inquire; this is
because they knew what the answer would be, or
* in situations where the means of knowledge are easily at hand and the
person realises the likely truth of the matter but refrains from inquiring in
order not to know.

Question 14

Define Receives or comforts

Answer 14

Harbouring an offender or offering them shelter can be considered receiving
and/or comforting, eg hiding a prison escapee in a basement.

Comforting encompasses situations where an accessory provides an offender
with things such as food and clothing.

Question 15

Define Assisting

Answer 15

To assist covers a significant number of situations: providing transport,
acting as a look out, identifying someone willing to purchase stolen property
as a receiver and deliberately providing authorities with false information as
to an offender’s whereabouts. Giving advice, information, material or
services to the offender is also captured.

Question 16

Define tampers with evidence

Answer 16

Tampers means to alter the evidence against the offender.

Example:
Modifying an offender’s telephone records to conceal communications that
might implicate them.

Question 17

Define actively suppressing evidence

Answer 17

Actively suppressing evidence encompasses acts of concealing or destroying
evidence against an offender.

Example:
Bloodied clothing is washed repeatedly to remove evidence or it is set alight
to destroy the clothing.

Question 18

Define witness

Answer 18

A witness is a person who gives evidence and is able to be cross-examined
in a proceeding.

Question 19

Define Assertion

Answer 19

This is something declared or stated positively, often with no support or
attempt made at furnishing evidence or proof of the assertion’s accuracy.

Question 20

Define Opinion

Answer 20

Opinion, in relation to a statement offered in evidence, means a statement of
opinion that tends to prove or disprove a fact.

Question 21

Define Belief

Answer 21

Belief is essentially a subjective feeling regarding the validity of an idea or
set of facts. It is more than mere suspicion and less than knowledge.

Question 22

Define Oath

Answer 22

This is a declaration before a person who has authority to administer an oath,
which invokes some religious belief and says that a thing is true or right. For
example, a Christian would swear an oath on the Bible.

Question 23

Define Affirmation

Answer 23

This is a verbal or written declaration, before a person who has authority to
administer an oath, saying that a thing is true or right without reference to
religious belief

Question 24

Define Declaration

Answer 24

A witness under 12 years old may make a declaration, which is a promise to
tell the truth.

Question 25

Define Dishonestly

Answer 25

There is conflicting case law as to whether the prosecution must also prove
an element of dishonesty. In R v Crooks40, it was held that there is an
implied requirement that the accused act with a dishonest intention

Question 26

Define Property

Answer 26

Property includes real and personal property, and any estate or interest in any real and personal property, money, electricity, and any debt, and anything in action, and any other right or interest.

Question 27

Define Title

Answer 27

A right or claim to the ownership of property.

Question 28

Define Conceal in relation to money laundering

Answer 28

Conceal: in relation to property, means to conceal or disguise the property, and
includes, without limitation:
(a) to convert the property from one form to another:
(b) to conceal or disguise the nature, source, location, disposition, or ownership of
the property or of any interest in the property.

Question 29

Define ‘Deal with’ in relation to money laundering

Answer 29

Deal with: in relation to property, means to deal with the property in any manner and
by any means, and includes, without limitation:
(a) to dispose of the property, whether by sale, purchase, gift or otherwise
(b) to transfer possession of the property
(c) to bring the property into New Zealand
(d) to remove the property from New Zealand.

Question 30

Define interest in relation to money laundering

Answer 30

Interest: in relation to property, means:
(a) a legal or equitable estate or interest in the property; or
(b) a right, power, or privilege in connection with the property.

Question 31

Define proceeds from s243 in money laundering

Answer 31

in relation to an offence, means any property that is derived or realised, directly or
indirectly, by any person from the commission of the offence.

Question 32

Define offence in relation to money laundering

Answer 32

means an offence (or any offence described as a crime) that is punishable under
New Zealand law, including any act, wherever committed, that would be an offence in
New Zealand if committed in New Zealand.