Definitions

Question 1

Act

Answer 1

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

Question 2

Omission

Answer 2

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

Question 3

Definition of Attempt

Answer 3

S72 Ca 61

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 notr.

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

Question 4

Sufficiently proximate

Answer 4

Close to the full offence, effective that the accused has started to commit the full offence and have gone beyond the phase of mere preparation.

Question 5

What is a secondary party?

Answer 5

Those who assist, abet, incite or counsel or procure a offence under s66(1) b c or d to make them liable due to participation despite the fact that they do not commit the offence

Question 6

Aids

Answer 6

To aid means to assist in the commission of an offence, either physically or by giving advice or information.

Presence not required at scene or time of event.

Question 7

Abets

Answer 7

Means to instigate or encourage; that is to urge another person to commit the offence.

not required to be at scene at the time offence.

Question 8

Incites

Answer 8

To incite means to rouse, stir up, stimulate, animate or urge a person to commit the offence. e.g sports fan spurs on another to assault a protestor.

Question 9

Counsels

Answer 9

Means to intentionally instigate true offence by advising a person on how to best commit the offence, or planning the commission of an offence for another person.

not necessary that the counseller know the clear details of the offence, just the offence of that kind was intended.

eg Provides advice on how to do the act of a robbery, not where or when or to who.

e,g providing instructions to person on how to blow a safe for a commercial burglary.

Question 10

Procures

Answer 10

Is setting out to see that something happens and taking steps to ensure it does.

Requires that the secondary party deliberately causes the principal to commit the offence.

thus this requires a stronger connection between secondary and principal than aiding, abetting or inciting.

procurement may be carried out by fraud, persuasion, words, conduct or offer of payment.

eg a women obtains the services of a hitman to kill her husband and offers money.

Question 11

Probable consequence

Answer 11

Is a subject appreciation on the part of the offender where they must forsee that their cooffender will commit another offence when comitting the original offence.

Does not require them to think that it is more likely than not, only that they knew there was a substantial or real risk that it could well happen.

Where they consider the risk of the offence being committed by the cooffender is negligible the mens rea requirement is not satisfied.

Question 12

Knowing

Answer 12

means ‘knowing, or correctly believing.’ The belief must be a correct one, where the belief is wrong a person cannot know something.

Question 13

Receives comforts or assists in general terms

Answer 13

General view that the accessory assisted the offender to evade justice by one mean or another

Question 14

Receiving

Answer 14

Means to harbour an offender by offering shelter
eg prison escapee hiding in basement

Question 15

Comforting

Answer 15

encompasses situations where an accessory provides offender things such as food or clothing.

Question 16

Assisting

Answer 16

Several possible situations: providing transport, acting as a look out, identifying someone wiling to purchase stolen property as a receiver and deliberately providing authorities with false information as to an offenders location. Also includes giving advise information, services or materials to the offender.

Question 17

Tampers with evidence

Answer 17

means to alter the evidence against the offender
eg modifying an offenders phone records to conceal communications that might implicate them

Question 18

actively suppresses evidence

Answer 18

encompasses acts of concealing or destroying evidence against an offender.

eg bloody clothing washerd repeatedly or burned.

r v levy, convicted of accessory after fact to conterfeiting currency as he removed equiptment and moulds used by the offender.

Question 19

Witness

Answer 19

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

includes - person who is engaged in the process of giving evidence, and or has previously given evidence, the term witness also includes a person who will give evidence.

Question 20

Assertion

Answer 20

Something declared or stated positively often with no support or attempt made at furnishing evidence or proof of the assertions accuracy

Question 21

Matter of fact

Answer 21

the term is used by the courts to distinguish a particular kind of information

a fact is a thing done an actual occurrence or event and it is presented during court proceeding in the form of witness testimony and evidence.

a witness is permitted to testify as to what they personally know about the facts of a case but are prevented from giving testimony as to their opinions in regard to those facts.

Question 22

opinion

Answer 22

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

Question 23

When are opinion of a lay person admissable?

Answer 23

S24 evidence act-
A witness may state an opinion in a proceeding if that opinion is necessary to enable the witness to communicate or the fact finder to understand what the witness saw heard or otherwise perceived.

Question 24

Belief

Answer 24

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

Question 25

Oath

Answer 25

declaration before a person who has authority to administer an oath

Question 26

affirmat ion

Answer 26

verbal or written declaration before a person who has authority to administer a oath

Question 27

declaration

Answer 27

a witness under 12 may make a declaration which is a promise to tell the truth.

Question 28

intention to mislead

Answer 28

offence complete at the time the false evidence is given accompanied by an intention to mislead the tribunal. No defence where later recants and informs of ther falsity of earlier evidence.

Question 29

Course of justice

Answer 29

Is not defined, includes proceeding initiated and continuing before a tribunal.

Includes conduct intended to affect whether or not proceedings will ever be started and includes where a victim is discouraged from pursuing a complaint or where false statement are made to engage police in the task of a complaint which would otherwise not be pursued.

Question 30

What three things must be satisfied for the act of receiving?

Answer 30

Property which has been stolen or obtained by imprisonable offence
defendant must have received that property which requires that the receiving must have been from another (cannot receive from self)
defendant must receive that property in knowledsge that it has been stolen or illegaly obtained or being reckless as to that property.

Question 31

Define title

Answer 31

A right or claim to the ownership of property. Title or ownership of property is the legal right to possession of that property.

When property is obtained by deceptive means the offender gains both possession and title.

Title gained by deception is passed to the offedner as the property is exchanged willingly by the owner wheras with theft the property is taken without consent therefore no title.

Question 32

What is voidable title?

Answer 32

Title obtained by deception is voidable and can be voided by the seller.

Until voided the person comitting the deception has title to the property concerned and is able to confer this title on anytone who subsequently acquires the property from him in good faith.

This means the innocent party who buys property which has been obtained by deceptrion has acquired good title to the property.

Question 33

explain the doctorine of recent possession

Answer 33

is the presumption that where the defendant acquired possession recently the proof of possession by the defendant of property recently stolen is in the absence of satisfactory explanation evidence to justicfy a belief and finding that the possessor is either a thief or receiver.

only applies when found in possession of property

where possession is recent is dependent on:
the nature of the property and the surrounding circumstances.

Question 34

recklessness

Answer 34

being aware of the risk goods were stolen where the rtisk is an unreasonable one to disregard

r v cameron

Question 35

Conceal (money laundering)

Answer 35

conceal in relation to property means to conceal or disguise theproperty and includes without limitation
to convert the property from one form to another
to conceal or disguise the nature source location disposition or ownership of the property or of any interest in the property

Question 36

deal with (money laundering)

Answer 36

means to deal with the property in any manner by any meeans and includes
to dispose of the property whether by sale purchase gift or otherwise
to transfer possession of the property
to bring the property into nz
to remove the property from nz

Question 37

Money laundering cycle

Answer 37

placement
layering
intergration

Question 38

placement

Answer 38

cash enters the financial system
eg offender makes money from drug sales and deposits into associates bank acc

Question 39

layering

Answer 39

money is involved in a number of transactions
associate transfers the money into a shell company the offender is a director of

Question 40

intergration

Answer 40

money is mixed with lawful funds or intergrated back into the economy
money is declared as revenue for the company tax is paid then the director pays himself a salary out of the company acc.

Question 41

Money laundering

Answer 41

dealing with the proceeds of criminal activity in such a way as to make the proceeds appear to have been legitamately acquired.

Question 42

tainted property

Answer 42

means property that has wholly or in part been acquired as a result of significant criminal activity or directly or indirectly derived from significant criminal activity and
includes any property that has been acquired as a result of or directly from more than 1 activity if at least one of those activity is a significant cirminal activity.

Question 43

significant criminal activity

Answer 43

means an offence punishable by a term of 5 yerars or more
proceeds or benefits of $30,000 or more been acquired

Question 44

instrument of crime

Answer 44

includes vehicles an property used in the facilitation of the offence committed