Liabilities only

Question 1

Conspiracy
Section, penalty, elements

Answer 1

Conspiracy
Section 310(1) CA61
7 Years Imprisonment (if penalty of that offence exceeds 7 years - otherwise same penalty)

• 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 NZ would be an offence.

Question 2

Accessory after the Fact

Section, penalty, elements

Answer 2

Accessory After the Fact
Section 71(1) Crimes Act 1961
Penalty (Section 312)
7 years (for life imprisonment offences)
5 years (for offences imprisonable by 10years+ )
1/2 penalty (of the offence if less than 10 years)

Knowing any person to be a party to an offence

Receives, comforts or assists that person
or
Tampers with or actively suppresses any evidence against him or her

In order to help him or her to escape after arrest
or
to avoid arrest or conviction.

Question 3

Perjury

Section, Elements

Answer 3

Perjury

Section 108 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 witnesse’s evidence on oath

Known by the witness to be false and intended to mislead the tribunal

Question 4

Receiving
Section, penalty, elements

Answer 4

Receiving
Section 246(1) Crimes Act 1961
7 Years Imp (Exceeds $1000)
1 Year Imp ($500 - $1000)
3 Months Imp (Under $500)

Receives

Any property stolen or obtained by any other imprisonable offence

Knowing the property to be stolen or so obtained
or
Being reckless whether or not the property had been stolen or so obtained