Liabilities Flashcards
1
Q
ACCESSORY AFTER THE FACT (L)
A
ACCESSORY AFTER THE FACT s71(1) CA 61
**- **7yrs if life/5 yrs if 10+/1/2 all else **
- 1 Knowing any person to be a party to an offence
* Knowing
* SIMESTER & BROOKBANKS: Principles of Criminal Law
* R v CROOKS
* R v BRIGGS
* Person
* Party – Section 66(1) CA61
* **Offence – ** - 2 Receives, comforts or assists that person _OR _Tampers with or actively suppresses any evidence
* Receives / Comforts or Assists
OR
-
Tampers with or actively suppresses any evidence
1. 3 In order to enable him to escape after arrest _OR _Avoid arrest or conviction - Enable after arrest
- R v MANE
OR
- Escape/Arrest/Conviction
2
Q
CONSPIRACY (L)
A
CONSPIRACY s310(1) CA 61 -** 7yrs **
- 1 Conspires
* Conspires
* R v MULCAHY
* R V SANDERS - 2 With any person
- Person
- Between two or more persons
- s67 CA61
- R V WHITE
1.3 To commit any offence
- Offence
- CHURCHILL v WALTON
3
Q
RECEIVING (L)
A
**RECEIVING s246 CA 61 - 7yrs/1yr/3 mth **
- 1 Receives
* Receiving - s246(3) CA61
* Possession
* **Actual Possession **
* WARNER v METROPOLITION POLICE COMMISSIONER
* **Constructive Possession **
* *SULLIVAN v EARL OF CAITHNESS *
* R v DONNELLY - 2 Any property
* Property - s2 CA61
* R v LUCINSKY - 3 Stolen _OR _Obtained by any other imprisonable offence
* Stolen - s219(1) CA61
OR
- Obtains - s217 CA61
-
An imprisonable offence
1. 4 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 - SIMESTER & BROOKBANKS: Principals of Criminal Law
- *R V KENNEDY *
- Property - s2 CA61
OR
- Recklessness
- R v HARNEY
- Value of the property
4
Q
MONEY LAUNDERING
A
MONEY LAUNDERING s243(2) CA61 - 7 yrs
- 1 Obtains or has in his or her possession
* Obtain - s217 CA61
* Possession
* **Actual Possession **
* WARNER v METROPOLITION POLICE COMMISSIONER
* **Constructive Possession **
* *SULLIVAN V EARL OF CAITHNESS * - 2 Any property (being property that is the proceeds of a serious offence committed by another person)
* Property - s2 CA61
* Serious Offence - s243(1) CA61
* Offence
* R v ALLISON - 3 With intent to engage in a money laundering transaction in respect of that property
* s243(4) CA61
* Conceal - s243(1) CA61
* R v WALLACE
* R v LIAVA’A - 4 Knowing, believing or reckless that all or part of the property are the proceeds of a serious offence
* **Guilty knowledge **
5
Q
ATTEMPTS
A
ATTEMPTS s72(1) C.A.61 - 1/2 full offence
1.1 With intent to commit an offence
- Intent
- R v MOHAN
- R v WAAKA
- Offence – Section 2, Crimes Act 1961
- R v DONNELLY
- *
1. 2 Does or omits an act - Must have made a physical Act/omission toward completion of full offence
1. 3 Offence physically possibly or not - Completion of full offence
- *R v RING *
- POLICE v JAY
- *1.4 Sufficiently proximate
-
Must be close to full offence
1. 5 To full offence - Offence – Section 2, Crimes Act 1961
6
Q
PARTIES TO OFFENCE (b)
A
PARTIES TO OFFENCE s66 (1)(b) C.A.61 - OFFENCE PENALTY
1.1 Does or Omits Act
- **Does/Omits **
- R v RAM
1.2 For purpose of aiding any person
- Aids
- LARKINS v POLICE
- R v RUSSELL
- 3 To commit the offence
* Offence -Section 2 Crimes Act 1961
7
Q
PARTIES TO OFFENCE (c)
A
1.1 Abets
- Abets
- LARKINS v POLICE
- R v RUSSELL
- 2 Any person
* Person - 3 In the commission of an offence
* Offence -Section 2 Crimes Act 1961
8
Q
PARTIES TO OFFENCE (d)
A
PARTIES TO OFFENCE s66 (1)(d) C.A.61 OFFENCE PENALTY
1.1 Incites _OR _Counsels OR** **Procures
- Incites
- Counsel
- Procures
- *R v BAKER *
- R v PATERSON
- 2 Any person
* Person - 3 To commit the offence
* Offence -Section 2 Crimes Act 1961
