Liabilities

Question 1

RECEIVING

Answer 1

Section 246
C.A.61
PENALTY 7 years, 1 year, 3 mth

1. 1 Receives
2. 2 Any property stolen OR Obtained by any other crime
3. 3 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

Question 2

CONSPIRACY

Answer 2

Section 310(1)
C.A.61
PENALTY 7 years (Same as offence, 7 years max)

1. 1 Conspires
2. 2 With any person
3. 3 To commit any offence

Question 3

PARTIES TO OFFENCE

Answer 3

Section 66 (1)(a-d)
 C.A.61

1) Everyone is party to and guilty of an offence 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.
2) Where two or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of the offence was known to be a probable consequence of the prosecution of the common purpose.

Question 4

ACCESSORY AFTER THE FACT

Answer 4

Section 71(1)
C.A.61
PENALTY: 7 Years (Life) 5 Years (10+ yrs) ½ Offence Penalty

1.1 Knowing any person to be a party to an offence.
1.2 Receives, Comforts or assists that person.
OR Tampers with or actively suppresses any evidence.
1.3 In Order to enable him to escape after arrest.
OR Avoid arrest or conviction

Question 5

ATTEMPTS

Answer 5

Section 72(1)
C.A.61
PENALTY Half full offence

1) Everyone who, having intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
2) Sufficient proximity of the act done is a question of law. R v HARPUR. The Court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops…. the defendant’s conduct may be considered in its entirety.