Must Knows

Question 1

Harry grooms’ girls online, arranges meet ups and rapes the. Female officer pretends to be young girl and arranges to meet Harry. Gets arrested at meet up. What is he liable for?

Answer 1

Can be charged with Attempted sexual violation.

Relates to R v Harpur case law.

Question 2

Jack and Jim commit robbery and return home with smokes. Jill sees smokes and is told about the robbery. Police turn up and speak to Jill at the door who says that she doesn’t know Jack and Jim. What offence has Jill committed?

(multi choice)

Answer 2

No offence

Question 3

Secondary party who aids/abets/incites/counsels and procures the principal offender. Do they have to be present during the commission of the offence?

Answer 3

No. They do not necessarily need to be present during the offence.

Question 4

Meth lab question. Something about female’s knowledge of males meth lab in garage.

Answer 4

No offence committed.

Question 5

Definition of Receiving - Section 246(3)

Answer 5

The act of receiving any property stolen or obtained by any other imprisonable offence is complete

as soon as the offender has,

either exclusively or jointly with the thief or any other person,

possession of, or control over, the property or helps in concealing or disposing of the property.

Question 6

Case Law list for Receiving

Answer 6

R v Cox
Cullen v R
R v Donnelly

R v Lucinsky

Simester and brookbanks
R v Kennedy
Cameron v R

Question 7

Case Law list for Accessory After The Fact

Answer 7

Simester and brookbanks
R v Crooks
R v Briggs
R v Mane

Question 8

Case Law list for Conspiracy

Answer 8

Mulcahy v R
R v Sanders
R v White

Question 9

.

Answer 9

.

Question 10

Definition of Tainted Property

Answer 10

(a) means any property that has, wholly or in part, been
(i) acquired as a result of significant criminal activity; or
(ii) directly or indirectly derived from significant criminal activity; and
(b) includes any property that has been acquired as a result of, or directly or indirectly derived from, more than 1 activity if at least 1 of those activities is a significant criminal activity

Question 11

Investigative procedure on how to establish a ‘party to’ offence

Answer 11

• A reconstruction of the offence committed indicating that more than one person was involved, or that the principal offender was
  assisted.
• Admissions from principal offender that others were involved.
• A suspect or witness admitting to providing aid.
• A witness who observed another person’s involvement.
• Receiving information indicating that others were involved.

Question 12

Everyone is party to and guilty of an offence who

Answer 12

• actually commits the offence
• does or omits an act for the purpse of ariding any person to commit the offence
• abets
• incidets, counsels , procures

Question 13

Define stolen

Answer 13

sec.219 ca
dishonestly and wuthout claim of right
taking any proprerty with intent
to deprive any owner permanently of that property or of interest in that property

Question 14

just the accronym case law receiving

Answer 14

ldkccc

Question 15

just the accoronym conspiracy

Answer 15

msw

Question 16

just the accronym aatf

Answer 16

cblgm

Question 17

What is the doctrine of recent possession

Answer 17

The doctrine of recent possession applies to receiving as well as to theft.

It is the presumption that,

where the defendant acquired possession
willingly, the proof of possession by the defendant of property recently
stolen is,

in the absence of a satisfactory explanation,

evidence to justify a
belief and finding that the possessor is either the thief or receiver, or has
committed some other offence associated with the theft of the property, eg
burglary or robbery.

Question 18

Define “offence” in respect of money laundering

Answer 18

punishable under New Zealand law,

including any act, wherever committed,

that would be an offence in New Zealand if committed in New Zealand.

Question 19

The donnelley case law verbatum

Answer 19

Where stolen property has been returned to the owner or legal
title to any such property has been acquired by any person, it is not an offence to
subsequently receive it, even though the receiver may know that the property had previously
been stolen or dishonestly obtained .

Question 20

What 5 points to be covered with conspiracy suspect

Answer 20

• the existence of an agreement to commit an offence, or
• the existence of an agreement to omit or do something that would amount to an offence,
and
• the intent of those involved in the agreement
• the identity of all people concerned
• whether anything was written, said or done to further the common purpose.

Question 21

What is the definition of an ‘offence’ in respect of money laundering?

Actual SA Q

Answer 21

punishable under New Zealand law,

including any act, wherever committed,

that would be an offence in New Zealand if committed in New Zealand.

Question 22

Define Aids

Answer 22

assist in the commission of the offence,

either physically or
by giving advice and information.

In order to aid, the presence of the person
offering the aid is not required at the scene, before, or at the time of the
offence being committed.

Question 23

Define counsels

Answer 23

intentionally instigate the offence
by advising a person(s)
on how best to commit an offence,

or planning the commission of an offence
for another person(s).

Counselling may also mean “urging someone to
commit an offence”, in which case it will overlap with incitement.

Question 24

Define Abets

Answer 24

instigate or encourage;

that is, to urge another person to
commit the offence.

As with aiding, the presence of the abettor at the scene
of the offence at the time of its commission is not required.

Question 25

Define ‘attempts;

Answer 25

Having an intent to commit the offence
does or omits an act
for the purpose of accomplishing his object

Question 26

How do you show control over property? (receiving MC)

Where property is located at a place, of which the receiver has control, the prosecution must prove that:

Answer 26

Receiver arranged for the property to be delivered there OR
On discovering the property, he or she intentionally exercised control over the property

Intent must also be there.

Question 27

What to cover when interviewing a suspect about money laundering

Answer 27

• suspect’s legitimate income
• suspect’s illegitimate income
• expenditure
• assets
• liabilities
• get financial records, from banks, financing companies, loan
sharks, family trust documents
• clarification of documentary evidence located, as per above

Question 28

What needs to be proved for money laundering?

This is a short answer q, know this verbatim

Answer 28

In respect of any property that is the proceeds of an offence

engages in a money laundering transaction

knowing or believing that all or party of the property is the proceeds of an offence

or being reckless as to whether or not the property is the proceeds of an offence

Question 29

Multi choice: Something about a guy scoping out a garage thinking about a burg or something

Answer 29

answer: NOT an attempt, is merely preparation

Question 30

Define the term “unlawfully benefitted” as section 7 criminal proceeding act

this one was an actual SA question

Answer 30

Knowingly,
Directly or Indirectly
Derived a benefit from significant criminal activity (whether or not that person undertook or was involved in the significant criminal activity)

Question 31

Define ‘incite’ MC

Answer 31

…

Question 32

Under 116 something about does prosecution have to be pending to comnit obstruction of justice or something

MC

Answer 32

no