Liabilities

Question 1

Conspiracy

Answer 1

Section 310(1), Crimes Act 1961

• Everyone who
• Conspires with
• Any person
• To commit any offence or
• To do or omit, in any part of the world
• Anything of which the doing or omission in New Zealand would be an offence

Question 2

Attempts

Answer 2

Section 72(1), Crimes Act 1961

• Everyone who
• Having an 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

Question 3

Parties to (1)

Answer 3

Section 66 (1), Crimes Act 1961

Every one is a 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.

Question 4

Parties to (2)

Answer 4

Section 66 (2), Crimes Act 1961

• 2 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 that offence was known to be a probable consequence of the prosecution of the common purpose.

Question 5

Accessory after the fact

Answer 5

Section 71 (1), Crimes Act 1961

• Knowing any person to have been a party to an offence
• Receives, comforts or assists that person or tampers with or actively suppresses any evidence against him
• In order to enable him to escape after arrest or to avoid arrest or conviction

Question 6

Perjury

Answer 6

Section 108 (1), Crimes Act 1961

· a witness making any
· assertion as 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

Question 7

Receiving

Answer 7

Section 246 (1), Crimes Act 1961

• Everyone who
• Receives any property stolen or obtained by any other imprisonable offence
• knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained

Question 8

Money Laundering

Answer 8

Section 243 (2), Crimes Act 1961

• Everyone 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