Liabilities

Question 1

ACCESSORY AFTER THE FACT (L)

Answer 1

ACCESSORY AFTER THE FACT s71(1) CA 61

- 7yrs if life/5 yrs if 10+/1/2 all else

1. 1 Knowing any person to be a party to an offence
   * Knowing
   * SIMESTER & BROOKBANKS: Principles of Criminal Law
   * R v CROOKS
   * R v BRIGGS
   * Person
   * Party – Section 66(1) CA61
   * Offence –
2. 2 Receives, comforts or assists that person OR Tampers with or actively suppresses any evidence
   * Receives / Comforts or Assists

​OR

• Tampers with or actively suppresses any evidence
  1. 3 In order to enable him to escape after arrest OR Avoid arrest or conviction
• Enable after arrest
• R v MANE

OR

• Escape/Arrest/Conviction

Question 2

CONSPIRACY (L)

Answer 2

CONSPIRACY s310(1) CA 61 - 7yrs

1. 1 Conspires
   * Conspires
   * R v MULCAHY
   * R V SANDERS
2. 2 With any person

• Person
• Between two or more persons
• s67 CA61
• R V WHITE

1.3 To commit any offence

• Offence
• CHURCHILL v WALTON

Question 3

RECEIVING (L)

Answer 3

RECEIVING s246 CA 61 - 7yrs/1yr/3 mth

1. 1 Receives
   * Receiving - s246(3) CA61
   * Possession
   * Actual Possession
   * WARNER v METROPOLITION POLICE COMMISSIONER
   * Constructive Possession
   * SULLIVAN v EARL OF CAITHNESS
   * R v DONNELLY
2. 2 Any property
   * Property - s2 CA61
   * R v LUCINSKY
3. 3 Stolen OR Obtained by any other imprisonable offence
   * Stolen - s219(1) CA61

OR

• Obtains - s217 CA61
• An imprisonable offence
  1. 4 Knowing that property to have been stolen or so obtained OR Being reckless as to whether or not the property has been stolen or so obtained
• SIMESTER & BROOKBANKS: Principals of Criminal Law
• R V KENNEDY
• Property - s2 CA61

OR

• Recklessness
• R v HARNEY
• Value of the property

Question 4

MONEY LAUNDERING

Answer 4

MONEY LAUNDERING s243(2) CA61 - 7 yrs

1. 1 Obtains or has in his or her possession
   * Obtain - s217 CA61
   * Possession
   * Actual Possession
   * WARNER v METROPOLITION POLICE COMMISSIONER
   * Constructive Possession
   * SULLIVAN V EARL OF CAITHNESS
2. 2 Any property (being property that is the proceeds of a serious offence committed by another person)
   * Property - s2 CA61
   * Serious Offence - s243(1) CA61
   * Offence
   * R v ALLISON
3. 3 With intent to engage in a money laundering transaction in respect of that property
   * s243(4) CA61
   * Conceal - s243(1) CA61
   * R v WALLACE
   * R v LIAVA’A
4. 4 Knowing, believing or reckless that all or part of the property are the proceeds of a serious offence
   * Guilty knowledge

Question 5

ATTEMPTS

Answer 5

ATTEMPTS s72(1) C.A.61 - 1/2 full offence

1.1 With intent to commit an offence

• Intent
• R v MOHAN
• R v WAAKA
• Offence – Section 2, Crimes Act 1961
• R v DONNELLY
• ​*
  1. 2 Does or omits an act
• Must have made a physical Act/omission toward completion of full offence
  1. 3 Offence physically possibly or not
• Completion of full offence
• R v RING
• POLICE v JAY
• ​*1.4 Sufficiently proximate
• Must be close to full offence
  1. 5 To full offence
• Offence – Section 2, Crimes Act 1961

Question 6

PARTIES TO OFFENCE (b)

Answer 6

PARTIES TO OFFENCE s66 (1)(b) C.A.61 - OFFENCE PENALTY

1.1 Does or Omits Act

• Does/Omits
• R v RAM

1.2 For purpose of aiding any person

• Aids
• LARKINS v POLICE
• R v RUSSELL

1. 3 To commit the offence
   * Offence -Section 2 Crimes Act 1961

Question 7

PARTIES TO OFFENCE (c)

Answer 7

1.1 Abets

• Abets
• LARKINS v POLICE
• R v RUSSELL

1. 2 Any person
   * Person
2. 3 In the commission of an offence
   * Offence -Section 2 Crimes Act 1961

Question 8

PARTIES TO OFFENCE (d)

Answer 8

PARTIES TO OFFENCE s66 (1)(d) C.A.61 OFFENCE PENALTY

1.1 Incites OR Counsels OR Procures

• Incites
• Counsel
• Procures
• R v BAKER
• R v PATERSON

1. 2 Any person
   * Person
2. 3 To commit the offence
   * Offence -Section 2 Crimes Act 1961