Offences

Question 1

Conspiring to Commit Offence

Answer 1

Crimes Act 1961, Section 310(1)

• Conspires
• With any person
• To commit any offence
• to do or omit, in any part of the world
• Anything of which the doing or omission in New Zealand would be an offence

7 Years

Question 2

Parties to Offences

Answer 2

Crimes Act 1961, Section 66(1)

Everyone is guilty 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 procures any person to commit the offence.

Question 3

Parties to a Secondary Offence

Answer 3

Crimes Act 1961, Section 66(2)

Where 2 or more persons form a common intention to prosecute any unlawful
purpose, and to assist each other therein, each of them is a party to every offence
committed by any one of them in the prosecution of the common purpose if the
commission of that offence was known to be a probable consequence of the
prosecution of the common purpose.

Question 4

Accessory after the fact

Answer 4

Crimes Act 1961, Section 71(1)

• Knowing any person to have been a party to the offence
• Receives, comforts or assists that person
• or tampers with or actively suppresses any evidence against him
• In order to enable him to escape after arrest or to avoid arrest or conviction

Penalty under 312: imprisonment for a term not
exceeding 7 years if the maximum punishment for that offence is imprisonment for life, and not exceeding 5 years if such maximum punishment is imprisonment for 10 or more years; and in any other case is liable to not more than half the maximum punishment to which he would have been liable if he had committed the offence.

Question 5

Perjury

Answer 5

Crimes Act 1961, Section 108(1)

• A witness making any
• Assertion as to any matter of fact, opinion, belief, or knowledge
• In any judicial proceeding
• forming part of that witness’s evidence on oath
• known by that witness to be false, and
• intended to mislead the tribunal

Under section 109(1) 7 years

Question 6

Conspiring to defeat justice

Answer 6

Crimes Act 1961, Section 116

Every one is liable to imprisonment for a term not exceeding 7 years who conspires to
obstruct, prevent, pervert, or defeat the course of justice.

Conspiracy is considered under s310 of the Crimes Act 1961.

Question 7

Receiving

Answer 7

Crimes Act 1961, Section 246(1)

• Act of receiving
• Any property stolen, or
• Obtained by any other imprisonable offence
• Knowing that at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence or
• being reckless as to whether or not the property had been stolen or so obtained

Penalty under 247
Over $1,000 - 7 years
$500 - $1,000 - 1 year
Under $500 - 3 months

Question 8

Money Laundering

Answer 8

Crimes Act 1961, Section 243(2)

• In respect of any property that is the proceeds of an offence
• Engages in a money laundering transaction
• Knowing or believing that all or part of the property it the proceeds of an offence
• Or being reckless as to whether or not the property is the proceeds of an offence

7 years