LIABILITIES Flashcards
Liability for:
CONSPIRACY
+ 3 Case law
Consporacy CA61 s310(1)
Penalty: the same, max 7 after that.
CONSPIRES
WITH ANY PERSON
TO COMMIT ANY OFFENCE
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CONSPIRES
Mulcahy - Requires Intention AND agreement of 2 or more to commit the offence.
WITH ANY PERSON
White - identity is not required.
TO COMMIT ANY OFFENCE,
Sanders - Conspiricy continues until completion or abandonment.
(or to do or omit, in any part of the world, anything which the doing or omission in NZ would be an offence).
Liability for:
ACCESSORY AFTER THE FACT
5 Case law
CA61 s71(1)
Accessory After the Fact
Penalty s312 (7yrs - For Life Offences, 5yrs - For 10yrs Offences, half -For principal of other Offences)
KNOWING ANY PERSON TO HAVE BEEN PARTY TO THE OFFENCE
RECEIVES, COMFORTS, ASSISTS THAT PERSON
OR TAMPERS WITH OR ACTIVELY SUPPRESSES ANY EVIDENCE AGAINST HIM
TO ENABLE HIM TO ESCAPE AFTER ARREST OR TO AVOID ARREST OR CONVICTION
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KNOWING
Crooks - having no real doubt
Briggs - willful blindness is sufficient
ANY PERSON TO HAVE BEEN PARTY TO THE OFFENCE
RECEIVES, COMFORTS, ASSISTS
Mane - The acts must be done after the offence
THAT PERSON
OR TAMPERS WITH OR ACTIVELY SUPPRESSES ANY EVIDENCE AGAINST HIM
TO ENABLE HIM TO ESCAPE AFTER ARREST OR TO AVOID ARREST OR CONVICTION
Liability for:
PURJURY
No case law
CA61 s108(1)
PURJURY
7 years
A WITNESS MAKING ANY ASSERTION TO ANY MATTER OF FACT, OPINION, BELIEF, OR KNOWLEDGE
IN ANY JUDICIAL PROCEEDING
FORMING PART OF THAT WITNESS’S EVIDENCE ON OATH
KNOWN BY THAT WITNESS TO BE FALSE AND INTENDED TO MISLEAD THE TRIBUNAL
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A WITNESS MAKING ANY
Witness - person who give evidence and able to be cross examined
ASSERTION TO ANY MATTER OF FACT, OPINION, BELIEF, OR KNOWLEDGE
Assertion - declared positively without evidence
Mater of fact - fact of the case
IN ANY JUDICIAL PROCEEDING
Judicial proceeding - court or tribunal hearing
FORMING PART OF THAT WITNESS’S EVIDENCE ON OATH
KNOWN BY THAT WITNESS TO BE FALSE AND
INTENDED TO MISLEAD THE TRIBUNAL
Prosecution - requires 2 or more witnesses or corroborating evidence
Liability for:
RECEIVING
5 Case law
CA61 s246(1)
Receiving
3 months to 7 years (s246)
ACT OF RECEIVING
ANY PROPERTY STOLEN, OR OBTAINED BY ANY OTHER IMPRISONABLE OFFENCE
KNOWING, AT THE TIME OF RECEIVING THE PROPERTY, THAT IT HAD BEEN STOLEN OR OBTAINWD BY ANY OTHER IMPRISONABLE OFFENCE
OR BEING RECKLESS AS TO WHETHER OR NOT THE PROPERTY HAD BEEN STOLEN OR SO OBTAINED
s247 INCLUDE VALUE
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ACT OF RECEIVING
There must be Property, received from another, knowing obtained dishonestly
Compete upon possession or control, or aids in concealment or disposal
Cox - Physical custody or control, mental knowledge of possession and intention to exercise that possession
Cullen - awareness location, awareness stolen, control of item, intention to exercise control.
ANY PROPERTY STOLEN, OR OBTAINED BY ANY OTHER IMPRISONABLE OFFENCE
Property - Real or personal, tangible or intangible
Kennedy - Guilty knowledge must be held at the time of receiving
KNOWING, AT THE TIME OF RECEIVING THE PROPERTY,
THAT IT HAD BEEN STOLEN OR OBTAINWD BY ANY OTHER IMPRISONABLE OFFENCE
OR BEING RECKLESS AS TO WHETHER OR NOT THE PROPERTY HAD BEEN STOLEN OR SO OBTAINED
s247 INCLUDE VALUE
Donnelly - Property returned cannot subsequently be received
Lucinsky - The property received must be the property stolen
Recklessness - Cameron. Subjective knowing the real possibility, objective the actions were unreasonable.
Liability for:
ATTEMPTS
5 Case Law
CA61 s72(1)
Attempts
s311: Half max - 10 years (if the penalty is life).
Every one who
Having an intent to commit an offence
Does or Omits an act for the purpose of accomplishing his or her object
whether in the circumstances it was possible to commit the offence or not.
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INTENT
Ring - The intent to steal was present in his mind and demonstrated by his actions.
ACT
72(3) The act must be sufficiently PROXIMATE and CONNECTED
Harpur - The Court can regard conduct CUMULATIVELY
PHYSICALLY IMPOSSIBLE - yet unlawful
Higgins - cultivated as cannabis, some other plant
Jay - bought hedge clippings believing they were cannabis
LEGALLY IMPOSSIBLE - yet unlawful
Donnelly - Did not receive it because the property had already been returned. But was guilty of an attempt.
OBJECT
Aim or purpose
Liability for (intended offence):
PARTIES
6 Case Law
Parties CA61 s66(1)
Penalty same as the principal
Every one who—
(a) Actually commits the offence; or
(b) Does or omits an act for the purpose of aiding any person to commit the offence; or
(c) Abets any person in the commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.
AID - Assist physically or with information or advice
ABET - Encourage, instigate or urge
PROCURE - Make sure the offence happens
Pene - Must INTENTIONALLY help or encourage
Reneta - Where the principal cant be identified, it is sufficient to prove the accused was either the principal or a party
Larkins - The principal need not know they were assisted but there must be proof they were assisted
Ashton - Legal duty to act
Russell - Moral duty to act
Liability for (secondary offence):
PARTIES
6 Case Law
Parties CA61 s66(2)
Write as a separate offence
Liability for:
Money Laundering
No case law
Money Laundering CA61 s243(2)
7 Years
every one who
In respect of any property that is the proceeds of an offence
Engages in a money laundering transaction
Knowing or believing that all or part of the property is the proceeds of an offence, or being reckless as to whether or not the property is the proceeds of an offence.
