Must Knows Flashcards
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?
Can be charged with Attempted sexual violation.
Relates to R v Harpur case law.
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)
No offence
Secondary party who aids/abets/incites/counsels and procures the principal offender. Do they have to be present during the commission of the offence?
No. They do not necessarily need to be present during the offence.
Meth lab question. Something about female’s knowledge of males meth lab in garage.
No offence committed.
Definition of Receiving - Section 246(3)
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.
Case Law list for Receiving
R v Cox
Cullen v R
R v Donnelly
R v Lucinsky
Simester and brookbanks
R v Kennedy
Cameron v R
Case Law list for Accessory After The Fact
Simester and brookbanks
R v Crooks
R v Briggs
R v Mane
Case Law list for Conspiracy
Mulcahy v R
R v Sanders
R v White
.
.
Definition of Tainted Property
(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
Investigative procedure on how to establish a ‘party to’ offence
- 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.
Everyone is party to and guilty of an offence who
- actually commits the offence
- does or omits an act for the purpse of ariding any person to commit the offence
- abets
- incidets, counsels , procures
Define stolen
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
just the accronym case law receiving
ldkccc
just the accoronym conspiracy
msw
just the accronym aatf
cblgm
What is the doctrine of recent possession
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.
Define “offence” in respect of money laundering
punishable under New Zealand law,
including any act, wherever committed,
that would be an offence in New Zealand if committed in New Zealand.
The donnelley case law verbatum
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 .
What 5 points to be covered with conspiracy suspect
• 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.
What is the definition of an ‘offence’ in respect of money laundering?
Actual SA Q
punishable under New Zealand law,
including any act, wherever committed,
that would be an offence in New Zealand if committed in New Zealand.
Define Aids
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.
Define counsels
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.
Define Abets
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.
Define ‘attempts;
Having an intent to commit the offence
does or omits an act
for the purpose of accomplishing his object
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:
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.
What to cover when interviewing a suspect about money laundering
• 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
What needs to be proved for money laundering?
This is a short answer q, know this verbatim
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
Multi choice: Something about a guy scoping out a garage thinking about a burg or something
answer: NOT an attempt, is merely preparation
Define the term “unlawfully benefitted” as section 7 criminal proceeding act
this one was an actual SA question
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)
Define ‘incite’ MC
…
Under 116 something about does prosecution have to be pending to comnit obstruction of justice or something
MC
no
