MULTI CHOICE - MOCK HINT I Flashcards
*R v Crooks looked at the element of knowledge and the degree of knowledge that must be established to prove a charge of accessary after the fact.
a) That the accessory knew at the time of assisting the other, the full circumstances of the offence
b) That the accessory suspected an offence had been committed and were wilfully blind about the facts
c) That an offence has been committed and the accessory knew the person they are assisting was a party
c) That an offence has been committed and the accessory knew the person they are assisting was a party
*The Criminal Proceeds (Recovery) Act 2009 defines the term “Interest” in relation to a property.
What does the term “Interest” in relation to property include?
a) A pecuniary advantage in the property, or a right in connection with the property.
b) A legal or equitable estate or interest in the property, or a right, power or privilege in connection with the property.
c) Sole ownership or title in the property or a legal interest in the property
b) A legal or equitable estate or interest in the property, or a right, power or privilege in connection with the property.
- Sgt Brown is the duty supervisor in the watch house of a major police station. He is present when two junior constables bring in a violent prisoner from another area. A fight ensues during which the Sgt stands behind the counter and merely watches. He takes no immediate action to stop one of the constables from repeatedly kicking the prisoner on the floor. The prisoner suffers moderate injuries.
What was Sgt Brown’s criminal liability?
a) Liable as he has a special relationship with the prisoner and takes no action to assist them
b) Liable as a secondary party to the assault as he has a power of control over the constables and has a legal duty to act
c) No liability as he is not the immediate supervisor of the 2 constables and is behind the counter
b) Liable as a secondary party to the assault as he has a power of control over the constables and has a legal duty to act
*A decision is made to seize assets obtained through the commission of a crime. A restraining order is the first step in the asset seizure process.
Who may apply for the restraining order?
a) Members of Assest Recovery Units on behalf of the Commissioner of Police
b) The officer in charge of the case, after consultation with the Assest Recovery Unit.
c) A Commissioned Officer of Police after consultation with Legal Section and Asset Recovery Unit.
a) Members of Assest Recovery Units on behalf of the Commissioner of Police
*Section 112 of the Crimes Act 1961 relates to the evidence of perjury, making false oaths and false statements or declaration.
What is required under section 112 of the Crimes Act?
a) The evidence is such that it implicates the defendant in the commission of the offence
b) The evidence is corroborated in some material particular by evidence implicating the defendant
c) The evidence of the witness is accepted by the jury as being truthful.
b) The evidence is corroborated in some material particular by evidence implicating the defendant.
*Matthew, Tom and Kevin are 3 local criminals. Matthew and Tom discuss robbing a restaurant owner who will be leaving his premises with the daily takings. Kevin has just been released from jail and does not want to return. He takes a full part in the discussion but states he doesn’t want to participate in the actual robbery. Matthew and Tom are apprehended by Police while waiting for the owner to leave the restaurant. Both admit to their intentions.
Which of the following statements relating to the charge of conspiracy is correct?
a) Matthew and Tom could not be charged with conspiracy as they went further than a conspiracy and tried to commit the robbery.
b) All 3 could be charged with conspiracy as they all took part in the planning discussion.
c) Kevin could not be charged with conspiracy as he did not agree to participate in the robbery.
c) Kevin could not be charged with conspiracy as he did not agree to participate in the robbery.
*Ken is the owner of a 4-hectare rural lifestyle property which has a small shed in a back paddock. Police receive a tip off that a stolen motorcycle is being stored in the shed. After a search warrant is executed, the motorcycle is found. Ken is interviewed, asks for his lawyer and refuses to say anything.
What must Police prove to establish that Ken had control over the stolen motorcycle?
a) That Ken knew the stolen motorcycle was in the shed and he was storing it there for a period of time.
b) That Ken arranged for the motorcycle to be delivered there, or he intentionally exercised control over it.
c) That Ken became aware the motorcycle was being stored in the shed after it had been delivered.
a) That Ken knew the stolen motorcycle was in the shed and he was storing it there for a period of time.
*Jason approaches Rebecca who is yet to be summonsed to appear as a Crown witness in a fraud trial in which Jason is the defendant. He is aware that she has critical information that could convict him. He threatens her that if she does give evidence, he will shoot her dog.
For offences of conspiring to defeat or obstruct justice under Section 116 - Crimes Act 1961 to be committed which of the following statements is correct.
a) Principal offender must have been arrested by Police at the time of the alleged conduct.
b) Prosecution must have been pending at the time of the alleged conduct.
c) Prosecution does not have to have been pending at the time of the alleged conduct.
b) Prosecution must have been pending at the time of the alleged conduct.
*A male is wanting to burgle a commercial premise. He has visited the premises several times during opening hours to check out the alarm systems and entry points.
What offence if any has the male committed?
a) Committed an attempt to commit burglary as his actions by visiting the address go beyond mere preparation and constitute an attempt.
b) Not committed an attempt because his actions amount to mere preparation.
c) Committed an attempt because his intention is to commit a burglary, and he has carried out an act to further that offence.
a) Committed an attempt to commit burglary as his actions by visiting the address go beyond mere preparation and constitute an attempt.
*The conspiratorial agreement requires the operation of both physical and mental faculties. The actus reus of conspiracy is the actual agreement by 2 or more people to carry out the illegal conduct.
What is the mens rea (mental element) necessary for conspiracy?
a) The intention by the parties involved at the relevant time of the agreement regardless of whether all parties agree to the carrying out the agreed action.
b) An agreement is made and there is a pursuance of that pact by some of parties involved, whether or not the full act is completed.
c) 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.
c) 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.
