Offences Flashcards
Conspiracy
S310 CA61
Pen: Not exceeding 7 years for offences over 7yrs and in any other case liable to the same punishment
Conspires
With any person
to commit any offence
OR
to do or omit, in any part of the world
anything of which the doing or omission in NZ would be an offence
Party to an offence
S66 CA61
1) Every one is a party to and guilty of an offence who
a) actually commits the offence or
b) does or omits an act for the purpose of aiding any person to commit the offence
c) abets any person in the commission of the offence
d) incites counsels or procures any person to commit the offence.
Offence committed other than offence intended
S70 CA61
1) every one who incites counsels or procures anotrher to be a party to an offence of which that other is afterwards guilty is a party to that offence although it may be committed in a way different from that which was incited counselled or suggested.
2) every one who incites counsels or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling or procuring and which the first mentioned person knew to be likely to be committed in consequence thereof.
Party to a secondary offence
s66 (2) ca6
2) where 2 or more persons form a common intention to prosecute any unlawful purpose and to assist each other therein 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 that common purpose.
Accessory after the fact
S71(1) CA61
1) an accessory after the fact to an offence is one who 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 detention.
What is the penalty for accessory after the fact
S312:
Where no express provision made:
Not exceeding 7 years if the max penalty for that offence is life imprisonment
5 yrs If 10 or more years
Other cases no more than half of original offence.
What is required to be proven for accessory after the fact? (elements x 4)
That the person A who is received, comforted or assisted by the accessory B is a party to an offence that has been committed.
That at the time of receiving comforting or assisting that person (A) the accessory (b) knows that person A was a party to the offence.
That the accessory (B) received comforted or assisted person A or tampered with or actively suppressed any evidence against that person.
That at the time of the receiving comforting or assisting the accessorys purpose was to enable person A to escape after arrest or avoid arrest or conviction.
Perjury
S108 CA61
1) Perjury is an assertion as to a matter of fact opinion belief or knowledge made by a witness in a judicial proceeding as part of his evidence on oath whether the evidence is given in open court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.
2) oath includes declaration under affirmation and includes declaration made under oaths and declarations act.
3)every person is a witness within the meaning of this section who actually gives evidence, whether he is competent to be a witness or not, whether his evidence is admissible or not.
4) every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals:
court of justice
house of representatives
arbitrator or umpire
legal tribunal
court or tribunal
disciplinary officer.
5)
Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was duly instituted or not, and whether the proceeding was invalid or not
What are the elements of perjury?
A witness making any
assertion as to any matter of fact opinion, belief or knowledge
in any judicial proceeding
forming part of that witnesses evidence on oath
known by that witness to be false and
intended to mislead the tribunal.
Conspiring to defeat justice
S116 7 yrs
Conspires to
obstruct, prevent, pervert, or defeat the course of justice.
Corrupting juries and witnesses
S117 CA61 7 yrs
Dissuades a person by threats bribes or corrupt means from giving evidence.
influences or attempts to influence by threats or bribes or other corrupt means a member of a jury
accepts any bribes or other corrupt consideration to abstain from giving evidence
accepts any briber or corrupts consideration on account of his conduct as a member as a jury
willfully attempts in any other way to obstruct prevent or defeat the course of justice
all offences apply to NZ or overseas.
Receiving
S246 (1) CA61
Receives
any property stolen or obtained by other imprisonable offence
knowing that property to have been stolen or so obtained
OR
Being reckless as to whetehr or not the property had been stolen or so obtained.
S247 Punishment
>$1000 7yrs
$500-1000 1 yr
<500 3mo
246(2)
Property obtained by act committed outside NZ that would have constituted a offence in NZ is also subject to be regarded as obtained by imprisonable offence
Money laundering
s243 (2)ca61 7yrs
In respect of any property that is the proceeds of any offence
- property is tangible and intangible and interest in real or personal property
engages in money laundering transaction
- conceal or enable another to conceal the property and then also deal with the property or assist with dealing.
knowing or believing that all or part of the property is the proceeds of an offence
knowing is proven via direct evidence or circumstantial evidence
or being reckless as to whether or not the property is the proceeds of an offence.
recklessness is the conscious and deliberate taking of an unjustified risk
