Liabilities

Question 1

Perjury

Answer 1

Section 108(1), Crimes Act 1961

• A witness
• Making any assertion as to any matter of fact, opinion, belief or knowledge
• In any judicial proceeding
• Forming part of that witness’ evidence on oath
• Known by that witness to be false, and
• Intended to mislead the tribunal

Question 2

Conspiracy

Answer 2

Section 310(1), Crimes Act 1961

• Everyone who
• Conspires
• With any person
• To commit any offence or to do or omit
• In any part of the world, anything of which the doing or omission in New Zealand would be an offence

Question 3

Accessory After the Fact

Answer 3

Section 71(1), Crimes Act 1961

• Everyone who
• Knowing any person to have been party to the offence
• Receives, comforts, or assists that person or tampers with or actively supresses any evidence against him
• In order to enable him to escape after arrest or in order to enable him to avoid arrest or conviction

Question 4

Receiving

Answer 4

Section 246(1), Crimes Act 1961

• Everyone who
• 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 whether or not the property had been stolen or so obtained

Question 5

Conspires Defintion

Answer 5

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

Question 6

Actus Reas (Conspiracy)

Answer 6

The actual agreement between two or more people to carry out the illegal conduct.

Question 7

Mens Rea (Conspiracy)

Question 8

Offence Complete (Conspiracy)

Answer 8

The offence is complete on the agreement being made with the required intent.

Question 9

Defence (Conspiracy)

Answer 9

A person withdrawing from the agreement is still guilty of conspiracy as are those people who become party to the agreement.

Question 10

Mulcahy v R (Conspiracy)

Answer 10

A conspiracy consist not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to a lawful act by unlawful means.

Question 11

R v Sanders (Conspiracy)

Answer 11

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment.

Question 12

With any person (Conspiracy)

Answer 12

A person cannot conspire alone, there must be another conspirator for an offence to be committed.

Question 13

R v White (Conspiracy)

Answer 13

Can still convict where you can prove that a suspect conspired with other parties (one or more parties) whose identities are unknown.

Question 14

To commit the offence (Conspiracy)

Answer 14

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

Question 15

Knowing - Simester and Brookbanks (Accessory)

Answer 15

The belief must be a correct one, where the belief is wrong a person cannot know something.

Question 16

Knowledge (Accessory)

Answer 16

Knowledge must exist at the time of assistance - must know offence has been committed and the person they are assisting was a party to that offence.

Question 17

R v Crooks (Accessory)

Answer 17

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the offence. Mere suspicion of their involvement is insufficient.

Question 18

R v Briggs (Accessory)

Answer 18

Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth.

Question 19

R v Mane (Accessory)

Answer 19

To be considered an accessory the acts done by the person must be after the completing of the offence.

Question 20

Receives (Accessory)

Answer 20

Harbouring an offender or offering them shelter can be considered receiving.

Question 21

Comforting (Accessory)

Answer 21

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

Question 22

Assist (Accessory)

Answer 22

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

Question 23

Actively suppresses (Accessory)

Answer 23

Encompasses acts of concealing evidence or destroying evidence against the offender.

Question 24

R v Levy (Accessory) (Evidence)

Answer 24

Deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice.

Question 25

Tampers with (Accessory)

Answer 25

Tampers with any evidence against him to alter the evidence against the offender.

Question 26

R v Collister (Accessory)

Answer 26

Intent can be proven through words and actions, circumstances surrounding the offence before at the time or after and the nature of the act itself.

Question 27

R v Gibbs (Accessory)

Answer 27

The acts done by the accessory must have helped the other person in some way to evade justice.

Question 28

Witness (Perjury)

Answer 28

A person who gives evidence and is able to be cross examined in a proceeding. Includes a person actively engaged in giving evidence, someone who has previously given evidence and a person who will give evidence.

Question 29

Assertion (Perjury)

Answer 29

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

Question 30

Matter of fact (Perjury)

Answer 30

A particular kind of information. A fact is a thing done, an actual occurrence or event and it is presented during court proceedings in the form of witness testimony and evidence.

Question 31

Belief (Perjury)

Answer 31

Essentially a subjective feeling regarding the validity of an idea or set of facts. Having faith in an idea or formulating a conclusion.

Question 32

Knowledge (Perjury)

Answer 32

The belief must be a correct one, where the belief is wrong a person cannot know something

Question 33

Any judicial proceeding (Perjury)

Answer 33

Giving evidence by way of audio visual link from another country is still perjury.

Question 34

Oath (Perjury)

Answer 34

Declaration before a person which invokes some religious belief and says that a thing is true or right.

Question 35

Affirmation (Perjury)

Answer 35

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

Question 36

Declaration (Perjury)

Answer 36

A witness under 12 must promise to tell the truth.

Question 37

Offence complete (Perjury)

Answer 37

The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal. There is no defence where the witness later recants an informs the tribunal of the falsity of the earlier evidence.

Question 38

R v Goodyear-Smith

Answer 38

To be guilty of perjury, a witness must wilfully make a false statement in respect of an issue that the witness believes is of material importance to the proceeding.

Question 39

R v Collister (Perjury)

Answer 39

…….

Question 40

Taylor v Manu

Answer 40

Must be something corroborating the allegation that an element of these offence occurred.

Question 41

R v Cleland

Answer 41

If a person made a previous statement not on oath, contradicted by a statement on oath, it is not sufficient alone without confession to establish perjury in respect of the 2nd statement.

Question 42

Receives definition (Receives)

Answer 42

Has possession or control over the property or aids in concealment or disposal of the property.

Question 43

R v Cox (Receives)

Answer 43

Possession has 2 elements. 1- Physical: actual or potential custody or control. 2 Mental: Knowledge of possession and intention of exercising possession.

Question 44

Cullen v R (Receives)

Answer 44

4 Elements of possession for receiving. 1 Awareness the item is where it is, 2 awareness that the item has been stolen, actual or potential control of the item, 4 an intention to exercise control over the item.

Question 45

R v Donnelly (Receives)

Answer 45

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property has previously been stolen or dishonestly obtained.

Question 46

Property (Receives)

Answer 46

Any real and personal property, any estate or interest. Tangible or intangible.

Question 47

Stolen (Receives)

Answer 47

Theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 48

Imprisonable offence (Receives)

Answer 48

An offence punishable by imprisonment.

Question 49

R v Lucinsky (Receives)

Answer 49

The property received must be the property stolen or illegally obtained and not some other item for which the illegally obtained had been exchanged for or which are the proceeds.

Question 50

Knowing (Receives)

Answer 50

Knowing or correctly believing - the defendant may believe something wrongly but cannot know something that is false.

Question 51

R v Kennedy (Receives)

Answer 51

Guilty knowledge that the thing has been stolen dishonestly obtain must exist at the time of receiving.

Question 52

Recklessness (Receives)

Answer 52

Deliberately took and unjustifiable risk.

Question 53

Cameron v R (Receives)

Answer 53

Reckless is establish if the defendant recognised that there was a real possibility that his action would bring about the proscribed result and the proscribed circumstances existed and having regard to that risk those actions were unreasonable.