MULTI CHOICE - MOCK - HINT II Flashcards
*Being a party to an offence is found in Section 66(1) of the Crimes Act 1961. To incite someone to commit an offence is one of the elements.
To incite a person to commit an offence means:
a) To encourage, persuade, aid or abet
b) To rouse, to stir up, stimulate, animate, urge or spur on.
c) To intentionally instigate the offence by advising or counselling
b) To rouse, to stir up, stimulate, animate, urge or spur on.
Police execute a search warrant on the home of Louis, who is a gang member, and his girlfriend, Jennifer. They locate a small meth lab in the garage and evidence of small-scale drug dealing. When interviewed by Police, Jennifer states she did not know anything about the meth lab or drug dealing. Louis is charged and Jennifer is later called to give evidence at the trial where she states on oath that she had a fair idea that Louis was dealing drugs. Police conduct an investigation but there is no other evidence other than Jennifers contradictory statements.
What is Jennifers Liability?
a) No offence because without a confession there is insufficient evidence alone to establish perjury
b) Perjury because the two contradictory statements are corroboration that she lied on oath
c) Perjury because Jennifer has obviously deliberately told the Police lies or lied on oath
b) Perjury because the two contradictory statements are corroboration that she lied on oath
*An investigator is interviewing a suspect about money laundering and is considering proceeds recovery action.
What are some of the things the investigator must consider?
a) The potential effect that the seizure of property or assets would have on the suspects family.
b) The suspects legitimate and illegitimate income, expenditure, assets and liabilities
c) The effect of undue hardship on the suspect if their assets are seized.
b) The suspects legitimate and illegitimate income, expenditure, assets and liabilities
*Bill is on the run from Police after having committed an aggravated robbery of a service station. He does not want to return to prison and does everything he can to remain free. He turns up at his girlfriend Kate’s flat, tells her what he had done and encourages her to hide him and look after him. She does so until the Police search the flat looking for Bill and arrest him.
What could Kate be charged with?
a) Being an accessory after the fact as she has received, comforted or assisted Bill to avoid arrest
b) Being a party to the aggravated robbery as she played a role by hiding Bill to avoid arrest
c) Willfully attempting to pervert the course of justice by hiding Bill so he could avoid arrest.
a) Being an accessory after the fact as she has received, comforted or assisted Bill to avoid arrest
*Ben and Greg return to the flat with their haul after a robbery. Juliet their flat mate, sees alcohol and cigarettes, and witnesses’ cash being divided. She is fully aware that Ben and Greg have committed the robbery. Ben and Greg go out to celebrate. Juliet stays in and later answers a knock at the door from 2 Police Detectives. They question her about the robbery. Juliet states she doesn’t know anything about any robbery, doesn’t know anyone called Ben and asks the officers to leave the property. The officers leave.
Has Juliet committed any offence?
a) Yes, Juliet is liable for obstruction as she deliberately lied to Police.
b) No, Juliet has not committed any offence
c) Yes, Juliet is liable for perjury as she has lied to Police
c) Yes, Juliet is liable for perjury as she has lied to Police
*You become aware that someone has possibly committed perjury, and you are considering starting an investigation into this.
At what stage can you start your investigation?
a) When it is recommended by the Courts, or you are directed to do so by the Commissioner of Police
b) Only when you have been directed to do so by the Commissioner of Police
c) Any time as you can begin investigations without approval from the Courts or Commissioner of Police
a) When it is recommended by the Courts, or you are directed to do so by the Commissioner of Police
*Two people agree to commit an offence. At the time of actually committing the offence, one of the parties is unable to take part due to a physical impediment.
Is this person still liable for an offence?
a) No, they have a defence if it could be proved that they were physically incapable of committing the offence.
b) Yes, they are guilty of any substantive offence as they were a party to offence.
c) Yes, they are guilty of Conspiracy as any impediment does not lessen their culpability
b) Yes, they are guilty of any substantive offence as they were a party to offence.
*You are considering charging a person with being an accessory after that fact to an offence. To have successful prosecution, several elements must be able to be proved in relation to enabling the offender.
What must the person be intending to enable the offender to do?
a) Escape, avoid arrest, avoid prosecution
b) Avoid apprehension, escape after arrest, escape prosecution
c) Escape after arrest, avoid arrest, avoid conviction
c) Escape after arrest, avoid arrest, avoid conviction
*Shaun, Rob and Juliet plan to rob the local liquor store. They decide that Shaun and Rob will take a fake pistol into the store, while Juliet will act as a lookout and getaway driver. The next morning, Juliet realizes she is on a second-strike warning, and if caught she will be sent to prison for a long time. She tells Shaun and Rob she no longer wants to help. Later that day Shaun and Rob commit the robbery.
Does Juliet have any criminal culpability?
a) Yes, Juliet is liable for party to aggravated robbery.
b) Yes, Juliet is liable for conspiracy to commit aggravated robbery
c) No, Juliet has not committed any offence
b) Yes, Juliet is liable for conspiracy to commit aggravated robbery
*There are 3 elements that must be proved before you charge a person with attempting to commit an offence.
What are the 3 elements?
a) Thinking about the offence, act done or omitted towards the offence, act was sufficiently proximate to the full offence.
b) Intent to commit the offence, act done towards the offence, act was close to the offence.
c) Intent to commit the offence, an act done or omitted towards the offence, act was sufficiently proximate to the full offence.
c) Intent to commit the offence, an act done or omitted towards the offence, act was sufficiently proximate to the full offence.
Unlawful benefiting from significant criminal activity?
Unlawful benefit as soon a receive cash from purchases, how deal with cash irrelevant.
