LIABILITIES

Question 1

Accessory after the Fact

Answer 1

S.71(1) CA.61
-Knowing any person to have been a party to the offence
R v Crooks (knowledge)
R v Briggs (wilful blindness)
R v Mane (offence complete)
-Receives comforts or assists that person
R v Gibbs (gave some supplies - gib)
Or tampers with or actively suppresses any evidence against him
R v Levy (removed equipment)
-in order to enable him to escape after arrest
Or avoid arrest or conviction

Question 2

Attempt

Answer 2

S72(1) CA.61. Intent-act-proximity
-Having an intent to commit an offence
R v Donnelly (suitcase)
-does or omits an act for the purpose of accomplishing his object
R v Harpur (conduct viewed)
-is guilty of an attempt to commit the offence intended
-whether in the circumstances it was possible to commit the offence or not
R v Ring (hand in pocket)
Higgins v Police(cannabis - tomato)
Police v Jay (cannabis - hedge)

Question 3

Perjury

Answer 3

S.108(1) CA.61

• An assertion as to a matter of Fact, Opinion,Belief or Knowledge
• Made by a witness in a judicial proceeding
• As part of his evidence on oath
• whether the evidence is given in open court or by affidavit or otherwise
• that assertion being known to the witness to be false
• and being intend by him to mislead the tribunal holding the proceeding

Question 4

Receiving

Answer 4

S.246 CA.61
-Receives
R v Cox (possession)
Cullen v R (four elements)
-Any property stolen or obtained by any other imprisonable offence
R v Lucinsky (the actual stolen property)
R v Donnelly (returning to owner)
-Knowing that property to have been stolen or so obtained
R v Kennedy (guilty knowledge)
OR being reckless as to whether or not the property had been stolen or so obtained
R v Harney (hardly)

Question 5

Conspiracy

Answer 5

S.310(1) CA.61
-Conspires
   Mulcahy v R (very plot in act itself)
   R v Sanders (end of conspiracy)
-With any person
   R v White (unknown ID)
-To commit any offence
OR to do or omit, in any part of the world
Anything of which the doing or omission in NZ would be an offence.