MCQ

Question 1

Matt gets angry at his mechanic and takes a swing at his face but misses. What can Matt be charged with?

Answer 1

Assault

Question 2

When is a party’s offence committed?

Answer 2

Before or during the offence

Question 3

Definition of interest in crimes act?

Answer 3

Legal or equitable estate or interest in the property

Question 4

Matt released from prison, discusses burglary which Jeff and John, he does not agree, Jeff and John caught waiting for shop to close, what can Matt be charged with?

Answer 4

Matt should not be charged with conspiracy as he did not agree.

Question 5

Todd and Jeff plan to kill cows for cash. Todd shoots and gives it to Jeff who sells it and gives Todd 30%, what charges can be laid?

Answer 5

Both parties to theft

Question 6

Security guard decides to burgle his work place, drives to work and checks alarm so he can burgle it later.

Answer 6

His actions are mere preparation.

Question 7

Matt committed a crime, goes to his girlfriend and tells her, she receives him and hides him from Police, what is she liable for?

Answer 7

Accessory after the fact

Question 8

When can a charge of perjury commence?

Answer 8

When directed by Courts or directed by the Police Commissioner

Question 9

Police sergeant watching Constables assaulting prisoner?

Answer 9

Liable as secondary party to the assault

Question 10

Unlawful benefitting from significant criminal activity?

Answer 10

Unlawful as soon as receive cash from purchases; how deal with cash irrelevant

Question 11

Who can complete restraint applications?

Answer 11

Only members of asset recovery units may apply for restraining orders etc

Question 12

Guy kills someone, lies to flatmate and asks her to get rid of clothes, she throws away the clothes, next day he comes clean and tells her the truth?

Answer 12

Cannot charge with accessory after the fact or party to (lack of knowledge or intent)

Question 13

Withdrawing from an agreement?

Answer 13

A person withdrawing from the agreement is still guilty of conspiracy as are those who become party to the agreement after it has been made.

However a person can effectively withdraw before the actual agreement is made

Question 14

When act physically or factually impossible?

Answer 14

R v Ring (hand in pockets), Higgins v Police (cultivates plants, thinks it cannabis) Police v Jay (hedge clippings believed to be cannabis)

Question 15

Exception to hearsay rule (conspiracy)?

Answer 15

The intention, of the parties involved, to actually carry out the offence is an essential element to a conspiracy charge. There must be a common aim to commit some offence and an intention that the aim is to be effected.

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, this being an exception to the hearsay rule and as such conspirators should be jointly charged.

However, this does not include explanations made after the common purpose is carried out. Then, the explanation is evidence only against the person making it.

Question 16

When can you not prosecute for attempts?

Answer 16

Criminally depends on recklessness or negligence, eg manslaughter

An attempt to commit an offence is included within the definition of that offence, eg - assault

Offence is such that the act has to have been completed in order for the offence to exist at all, eg - demands with menace

Question 17

6 examples of perverting or misleading justice?

Answer 17

Preventing a witness from testifying

Wilfully going absent as a witness

Arranging a false alibi

Concealing the fact that an offence has been completed

Threatening or bribing Jury members

Aiding witness to leave country

Question 18

When is receiving complete?

Answer 18

The act of receiving of property stolen or obtained by any other crime is complete as soon as the offender has either exclusively or jointly with the thief or some other person, possession of or control over the property or helps in concealing or disposing of the property

Question 19

What must the Prosecution prove against a receiver having control over stolen property?

Answer 19

The prosecution must prove that the receiver arranged for the property to be delivered there, or alternatively upon discovering the property he or she intentionally exercised control over it. Intent to possess must also be satisfied.

Question 20

What must the High court satisfy when making a profit forfeiture?

Answer 20

Must satisfy on balance of probabilities that:
The respondent has unlawfully benefitted from significant criminal activity, and

The respondent has interest in property.

Question 21

What must occur before criminal proceeds action is taken?

Answer 21

A restraining order is the first step in the asset seizure process. Application must show reasonable grounds to believe property has been acquired, directly or indirectly derived from significant criminal activity.

Question 22

Intentional acts the accessory (AATF) must do?

Answer 22

Receives

Comforts

Assists

Tampers with evidence

Actively suppressed evidence

Question 23

What constitutes a party?

Answer 23

Everyone is party to and guilty of an offence who:

Actually committed the offence

Does or omits an act for the purpose of aiding any person to commit the offence

Abets any person in the commission of the offence

Incites, counsels or procures any person to commit the offence

Question 24

Mental intent for conspiracy?

Answer 24

An intention of those involved to agree, and

An intention that the relevant course of conduct should be pursued by those party to the agreement

Intent to commit the full offence

Question 25

Acts must be sufficiently proximate to full offence

Answer 25

Generally to prove an attempt the accused must have done or omitted to do some act/s, that is/are sufficiently proximate (close) to the full offence. effectively the accused must have started to commit the full offence and have gone beyond the phase of mere preparation (this is all but rule)

Question 26

Once acts are sufficiently proximate, there is no defence that?

Answer 26

They were prevented by some outside agent from doing something that was necessary to complete the offence, eg interrupted by Police

Failed to complete the full offence due to ineptitude, inefficiency or insufficient means, eg not enough explosives to blow up safe

Were prevented from committing the offence because an intervening event made it physically impossible, eg removal of property before intended burglary.

Question 27

Four examples - circumstantial evidence of guilty knowledge (receiving)

Answer 27

Possession of recently stolen property

Receipt of goods at unusual place or time

Secrecy in receiving the property

Purchase of goods at gross undervalue

Question 28

Parties to offences -

Answer 28

Section 66, Crimes Act 1961

(1) everyone 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 procured any person to commit the offence

Question 29

Secondary offender - partied to offences

Answer 29

Those who assist in the principal offender(s) either before or during the commission of the offence are considered secondary offenders and thus their liability generally lies within the scope of s66(1)(b),(c) or (d)

Question 30

Examples of actual proof of assistance is required - parties to offences

Answer 30

Examples of assistance:

Keeping a lookout for someone committing a burglary

Providing a screwdriver to someone interfering with a motor vehicle

Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary

Question 31

Evidence of perjury, false oath or false statement - misleading justice

Answer 31

S112, CA 1961 - no one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the accused