Practice Test 3 Flashcards
When is an act physically or factually impossible?
An act is physically or factually impossible if it is an offence but the suspect is unable to commit it due to ineptitude, insufficient means, interruption or any other circumstances beyond his control.
Define an innocent agent?
An innocent agent carries no liability and is not capable of conviction as a secondary party.
What i the mens rea necessary for Conspiracy?
The offender mental intent must be to commit the full offence. Where this intent does not exist, no crime has been committed.
What three conditions must be met for a charge in relation to attempts?
Case law has established the following three conditions must apply for an attempt conviction to succeed:
1) Intent, mens rea
2) Act, actus reus
3) Proximity, sufficiently close
it must also be legally possible to commit the offence.
Define sufficiently proximate?
Generally, to prove an attempt the accused must have done or omitted to do some act that is sufficiently proximate to the full offence.
Effectively the accused must have started to commit the full offence and have gone beyond the phase of mere preparation. This is the all bu rule.
Define Police v Larkins?
Whilst it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
The mere commission of an act intended to have that effect is insufficient.
The ingredients of Accessory after the Fact are?
That the person, (person A) who is received, comforted or assisted bu the accessory (person B) is a party (principal or secondary) to an offence that has been committed.
That at the time of receiving, comforting or assisting that person (person A), the accessory (person B) knows that person (person A) was party to the offence.
That the accessory (person B) received, comforted or assisted that person (person A) or tampered with or actively suppressed any evidence against that person (person A).
That at the time of the receiving comforting or assisting, the accessory (person B) purpose was to enable that person (person A) to escape after arrest or avoid arrest or conviction .
The accessory must of a deliberate intentional act with the purpose of assisting the person evade justice in one of 3 ways, escape after arrest, avoid arrest, avoid conviction.
Fabricating evidence s113, CA61?
Fabricating Evidence S113, CA61
Everyone is liable to imprisonment for a term not exceeding 7 tears who:
- With intent to mislead any tribunal holding any judicial proceeding to which section 108 applies.
- Fabricates any evidence by any means other that perjury.
List 4 examples of proving guilty knowledge for receiving?
1, Receipt of goods in an unusual place. 2, Receipt of goods at an unusual time. 3, Receipt of goods in an unusual way. 4, Absence of receipts where receipts would normally be issued. 5, Lack of packaging 6, Purchase at gross undervalue.
What is required to be proved by the prosecution in relation to a charge of money laundering?
When considering a principal charge of money laundering under s243(2), proof of the following four elements is required:
1, Dealing with property or assisting in such dealing.
2, The source of the property being the proceeds of an offence punishable by 5 years imprisonment or more committed by another person.
3, Knowledge or belief that the property was the proceeds of such an offence, or reckless as to whether it was the proceeds of such an offence.
4, An intention to conceal the property.
What is required on an affidavit for application?
Such an application will require straight forward affidavit from the officer in charge of the file outlining:
1, Officer in charge details.
2, Offender, details, charges criminal convictions.
3, Search warrant, Describe the nature of the offending discovered at or involved the property (asset) concerned.
*where the value of the asset is high you need to demonstrat that the offending was at more of a commercial level.
Outline any admissions made during the interview.
Property: describe the property sought to be restrained and its value, show that the offender owns, has custody or control over the property.
What was held in R v Renata?
R v Renata
- Each offender satisfies the ingredients of the offence committed.
- Each offender separately satisfies the actus reus.
What do you need to cover when interviewing witnesses and suspects for conspiracy?
Witness:
- Identity of the people present at the agreement.
- With whom the agreement was made.
- What offence was planned.
- Any acts carried out to further the common purpose.
Suspects:
- The existence of the agreement to commit the offence.
- The existence of an agreement to omit or to do something that would amount to an offence.
- The intent of those involved in the agreement.
- The identity of all the people concerned where possible.
- Whether anything was written, said or done to further the common purpose.
Define ‘Tainted Property’ as listed in the Criminal Recovery Act 2009.
Tainted Property
a) Means any property that has, wholly or in part been
(i) acquired as a result of significant criminal activity.
(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 form, more than 1 activity if at least 1 of those activities is a significant criminal liability.
Unlawful Criminal Recovery Act 2009?
In this act, unless the context otherwise requires a person has unlawfully benefited from significant criminal activity if the person has knowingly, directly or indirectly derived a benefit from significant criminal activity (whether or not that person undertook or was involved in the significant activity).
