LIABILITIES - MOCK - HINT I Flashcards
Grant is involved in a fight outside a local hotel. He knocks the victim to the ground and kicks him in the head a number of times, causing life threatening injuries. Grant then drives to his girlfriend Julie’s house, tells her everything that has just happened and asks her to burn the clothing and boots he had worn at the time of the assault. Julie burns the items in the garden incinerator.
1) Identify the most appropriate offence for Julie, detailing the act, section and elements of the offence.
2) Support your answer by way of discussion.
Accessory after the fact
Section 71(1) - Crimes Act 1961
Knowing that person is party to an offence
Actively suppresses evidence against the offender
Avoid arrest or Conviction
Harry is constable summonsed to Manukau District Court to give evidence of a not guilty hearing after having previously arrested the defendant (Sally) for burglary. As Harry takes the stand and declares an oath to tell the truth, he recalls that he forgot to tender some of the stolen evidence located on Sally as an exhibit, and that it is probably still in the patrol car.
After examination in chief, Harry is then cross examined by the Defence Counsel. Harry is nervous as he can tell what question is coming and he does not want to look foolish in front of the Court. Harry is questioned as to the location of this evidence. In response, Harry tells the Court that the property was never seized by Police, and he has no idea what the defence counsel is referring to.
1) Identity the most appropriate offence, detailing the act, section and elements of the offence.
2) Support your answer by way of discussion.
Perjury 108(1) - Crimes Act 1961
Lisa is a prostitute who works at night in a busy red-light district of a Major City. One night Barry, regular client of Lisa’s, pays her for sex by giving her silver bracelet. She estimates that it is worth about $800. Lisa knows that Barry is a burglar and asks where he got it from. He winks at her and says “I stole it from right in front of the shop assistant at the Michael Hill store” Lisa decides to keep it.
1) Identity the most appropriate offence, detailing the act, section and elements of the offence.
2) Support your answer by way of discussion.
Receiving - Section 248(1) - Crimes Act 1961
