Lists

Question 1

Affidavits for instrument restraint (5)

Answer 1

1. O/C details - details
2. Offender - details, charges, criminal convictions
3. SW - nature of offending discovered at or involving property (assets)
   + where asset value is high need to prove offending at commercial level
4. Admissions - made during interview
5. Property - describe property sought to be restrained and its value
   +show the offender owns, has custody or control

Question 2

What is required to be proved - ML elements (4)

Answer 2

1. Dealing with property or assisting with such dealing
2. The source of property by the proceeds of an offence punishable by imprisonment of 5 years + committed by another person
3. Knowledge or belief that the property was the proceeds of such as offence or reckless to whether it was the proceeds of such an offence
4. An intention to conceal the property

Question 3

Suspect interview - ML or CPRA action (7)

Answer 3

1. suspects legitimate income
2. suspects illegitimate income
3. expenditure
4. assets
5. liabilities
6. acquisition of financial records
   - banks, finance companies, loan sharks, family trust docs
7. clarification of documentary evidence located, as above

Question 4

Examples of misleading justice (within s116 & s117) (9)

Answer 4

1. preventing a witness from testifying
2. wilfully going absent as a witness
3. threatening or bribing witnesses
4. concealing the fact a crime has been committed
5. intentionally giving Police false info to obstruct enquiries
6. supplying false info to probation officers
7. assisting a wanted person to leave the country
8. arranging a false alibi
9. threatening or bribing jury members

Question 5

Examples of guilty knowledge for receiving (6)

Answer 5

1. receipt of goods in an unusual place
2. receipt of goods in at unusual time
3. receipt of goods in an unusual way
4. absence of a receipt where a receipt would normally be issued
5. lack of packaging
6. purchased grossly under value