Liabilities Flashcards
Conspiring to commit an offence
Section 310(1) Crimes act 1961
-CONSPIRES
Relies on two or more persons to form an intention or agreement to do an unlawful act, or do a lawful act by unlawful means. If there is only an intention to commit an offence without the agreement, then conspiracy has not occurred.
All parties involved must have the mental intent to do the act in a certain way.
Mulcahy v R
R v Sanders
-WITH ANY PERSON
Any person have been proved judicially and is proved in the circumstances
-TO COMMIT ANY OFFENCE, OR
An offence is an act or omission that is punishable upon conviction under any enactment….RTS
-TO DO OR OMIT IN ANY PART OF THE WORLD, ANYTHING OF WHICH THE DOING OR OMISSION IN NZ WOULD BE AN OFFENCE.
Accessory after the fact
Section 71(1) Crimes act 1961
- A PERSON
A person is proved in the circumstances and judicially. - KNOWING ANY PERSON THAT IS PARTY TO AN OFFENCE
The offence must be complete in order to be an accessory.
(R V Crooks)
It is important that the knowledge is known at the time the assistance is given, they must know that the offence has been committed and that the person they are helping is a party to that offence.
- RECEIVES, COMFORTS, OR ASSISTS THAT PERSON OR TAMPERS WOTH OR ACTIVELY SUPPRESSES ANY EVIDENCE AGAINST HIM.
The accessory must do a deliberate and intentional act in order to assist the party involved, RTS.
Receives: Harbour or offer shelter
Comforts: accessory will provide offender with items such as food and clothing
Assists: transport, acts as lookout
Tampers evidence: alter evidence against offender.
Actively suppress evidence: acts of concealing or destroying evidence against offender.
- TO ENABLE HIM TO ESCAPE AFTER ARREST OR TO AVOID ARREST OT CONVICTION.
The accessory’s intent must be shown for one of the three following:
1) escape after arrest
2) avoid arrest
3) avoid conviction
Perjury
Section 108(1) Crimes act 1961
- A WITNESS MAKING ANY
A Witness is a person who gives evidence and is able to be cross examined in the proceeding that is taking place - ASSERTION AS TO ANY MATTER OF FACT, OPINION, BELIEF OR KNOWLEDGE
Assertion: This is something that is declared or stated positively.
Matter of fact: A fact is a thing that has been done, an actual occurrence or event. It is presented during proceeding in the form of witness testimony and evidence.
Opinion: In relation to a statement in evidence, means a statement of opinion that tends to prove or disprove a fact.
Belief: This is a subjective feeling regarding the validity of an idea or a set of ideas, belief is having faith in an idea or coming to a conclusion as the result of considering the available information.
Knowledge: is defined that knowing means to know it correctly believe, the belief must be a correct one, it also mean that knowing or correctly believing in circumstances mean there can be no doubt.
- IN A JUDICIAL PROCEEDING
A judicial hearing is a matter that is heard by the NZ JUSTICE system. - FORMING PART OF THAT WITNESSES EVIDENCE IN OATH
To give evidence means to give evidence in a proceeding, there are three ways to provide evidence, in the ordinary way, alternative way or in any other way provided for by this act or any other enactment. - KNOWN BY THAT WITNESS TO BE FALSE AND
The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the hearing - INTENDED TO MISLEAD THE TRIBUNAL
The intention must be to mislead the tribunal.
Receiving
-RECEIVES
To receive three elements must be met,
1) the property must have been stolen it obtained by an imprisonable offence.
2) The defendant must have received the property from another person- you cannot receive the property from yourself.
3) the defendant must have received the property with the knowledge that the property has been stolen or illegally obtained or being reckless to that fact.
The act is complete as soon as the offender has either sole or joint with the thief or any other person possession or control
Over the property or helps in its concealing.
R v Cox
Cullen v R
-ANY PROPERTY STOLEN OR
Property can be defined to include real and personal property and any estate or interest in any real and personal property, money, electricity and any debt.
In this instance the scope of the definition also includes tangible and intangible property.
R v Lucinsky
For an item to be stolen it needs to be taken, taking can be defined as theft is committed by taking when the offender moves the property or causes it to be moved.
Prosecution must prove that the element of theft has occurred in order for the act of receiving to occur - this can be done either directly or circumstantial.
-OBTAINED BY ANY OTHER IMPRISONABLE OFFENCE
-KNOWING AT THE TIME OF RECEIVING THE PROPERTY THAT IT HAD BEEN STOLEN OT OBTAINED BY ANY OTHER IMPRISONABLE OFFENCE OR
Knowing can be defined as knowing or correctly believing. It also means knowing or believing a set of circumstances so as to be free from doubt.
R v Kennedy
-BEING RECKLESS AS TO WHETHER OR JOT THE PROPERTY HAD BEEN STOLEN OT SO OBTAINED
Acting reckless involves the conscious and deliberate taking of an unjustifiable risk.
R v Cameron
