Liabilities

Question 1

Conspiring to commit offence

Answer 1

S310
CA1961

• Conspires
• With any person
• To commit any offences OR To do OR Omit in any part of the world
• Anything of which in NZ would be an offence

Question 2

Accessory after the fact

Answer 2

S71(1)
CA1961

•Anyone
• Knowing any person to be a party to an offence
• Receives, comforts or assist that person OR tampers with or actively suppresses any evidence him or her
• In order to enable him to avoid arrest, escape or avoid conviction

Question 3

Perjury

Answer 3

S108
CA1961

A witness making any

Assertion as to any matter of fact, opinion, belief or knowledge

In any judicial proceeding

Forming part of that witnesses evidence on oath

Known by that witness to be false and

Intended to mislead the tribunal

Question 4

Receiving

Answer 4

S246
CA1961

Receives
Any property stolen OR obtained by any other imprisonable offence
Knowing that property to have been stolen OR so obtained OR being reckless as to whether or not that property had been stolen or obtained

Question 5

Define conspires

Answer 5

Two or more people forming an agreement to do an unlawful act or to do a lawful act by unlawful means

Actus reus - actual agreement by two or more people to carry out the illegal conducts

Mens Rea - Intent to commit the full offence

Person withdrawing from the agreement is still guilty of conspiracy as are those people who be come party to the agreement after it has been made

Question 6

Define with any person - Conspiracy

Answer 6

Person cannot conspire alone: there must be another conspirator for an offender to be committed

R v White - Can still convict where you can prove that a suspect conspired with other parties whose identities are unknown

Question 7

Define to commit as offence

Answer 7

May be described as any or omission that is punishable on conviction under any enactment

Question 8

Define any person (Accessory)

Answer 8

The defendant JNCE .. intent to get specific outcome
• help avoid arrest
• escape from arrest
• avoid conviction

Question 9

Knowing another person to have been a party to an offence -

Accessory after the fact

Answer 9

Knowing - Simester and Brookbanks Belief must be a correct one, belief is wrong a person cannot know something.

R v Crooks
Mere suspicion is insufficient. Actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the offence.

R v Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries to confirm the suspects truth

R v Mane
To be considered an accessory the acts done by the person must be after the completing of the offence

Question 10

Receives, comforts or assists that person OR
Tampers with it actively suppresses any evidence against him or her

Accessory

Answer 10

Receives; Harbouring an offender or offering them shelter can be considered receiving

Comforting; Situations where an accessory provides an offender with things such as food and clothing

Assist - Covers number of situation, providing transport, acting as a look out, ID someone willing to purchase stolen property, giving authorities false info, giving advice information, material or services

Tampers with or actively suppresses evidence. Washing clothes, burning evidence, cover up by false statement

Question 11

Define: In order to enable him to avoid arrest, escape or avoid conviction

Answer 11

Intention of the accessory to do this avoid arrest, escape or avoid conviction

Question 12

Define witness

Answer 12

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

Question 13

Define Assertion | Matter of Fact | Opinion | Belief or Knowledge - Perjury

Answer 13

Assertion: something declared often with no support

Matter of fact: A Particular kind of information.
Fact is a thing done an actual occurrence or event. (It is presented during court in a form of a witnesses testimony or evidence)

Opinion: S4CA1961: means a statement of opinion that tends to prove of disprove facts.

Belief: essential a subjective feeling regarding validity of an idea or set of facts.

Knowledge: Simester and Brookbanks. Knowing or correctly believing. Beliefs must be of a correct one where belief is wrong a person cannot know something

Question 14

Define Judicial Proceedings

Answer 14

Giving evidence in a proceeding by way of AVL from another location is to be considered as taking place at the hearing

Question 15

Define
Forming part of that witnesses evidence on oath

Answer 15

Oath : Declaration before a person which invoked some religious belief and says that a thing is true or right

Affirmation: Verbal/written declaration saying that a thing is true or right without reference to religious belief

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

Question 16

Element: Known by that witness to be false and

Answer 16

There must be corroboration in relations to perjury.
The accused knows statement to be false.

Question 17

Element: Intended to mislead the tribunal

Answer 17

Perjury is complete at the time the false evidence is given accompanied with the intention to mislead the tribunal.