Progress Test 2

Question 1

When may a prosecution for perjury begin?

Answer 1

You may only start prosecution for perjury (civil or criminal), where it is recommended by the courts or you are directs to do so by the commissioner of Police. You may however, beginning inquiries into an allegation of perjury without reference to the court or Commissioner..

Question 2

What intent must you be able to prove in order to establish a charge of perjury?

Answer 2

The intent to be proved as to establish a charge of perjury is the offender’s intention to mislead the tribunal holding the judicial proceeding.

Question 3

What are the main points to be covered when interviewing a suspect in respect of perjury?

Answer 3

The two main points to be covered when interviewing a suspect in respect of perjury are:

• Whether the suspect knew their assertions was false, and
• Whether they intended to mislead the tribunal governing proceedings.

Question 4

List six examples of conspiring or attempting to obstruct, prevent, pervert or defeat the course of justice.

Answer 4

Examples of conspiring or attempting to obstruct, pervert, prevent or defeat the course of justice as per s116 and s117 may include:

• Preventing a witness from testifying.
• Wilfully going absent as a witness.
• The taking or detainment of witnesses.
• Concealment of the fact a crime has been commitment.
• Intentionally giving police false information to obstruct their inquiries.
• Supplying false information to probation officers.
• Assisting a wanted person to leave the country.
• Arranging a false alibi.
• Threatening or bribing jury members.

Question 5

Explain how possession of property can be established is a charge of receiving?

Answer 5

Possession can be established by showing that the property is:

• In immediate physical custody of the receiver, or
• At a location, over which the receiver has control (such as their place of business or private residence.

Question 6

What is the doctrine of recent possession?

Answer 6

It is the presumption that the possession of the property recently stolen is, in the absence of a satisfactory explanation, evidence to justify a belief and find that the possessor is either the thief or receiver, or has committed some other offence associated with the theft of the property, eg burg or robbery.

Question 7

What was held in r v Lucinsky?

Answer 7

R v Lucinsky
The property received must be the property stolen or illegally obtained (or part thereof), and not some other item for which the illegally obtained property has been exchanged or which are the proceeds.

Question 8

When is the act of receiving complete?

Answer 8

The act of receiving is complete once the defendant has:

• Either exclusively or jointly with the thief or any other person.
• Possession or control of the property, or
• Has assisted in the concealment or disposition of the property.
• If thee is guilty knowledge at that point, the offence is complete.

Question 9

What is meant by the term ‘proceeds’ as it relates to s243, Money Laundering?

Answer 9

Proceeds: In relation to an offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence.

Question 10

What is the definition of an offence is respect of money laundering?

Answer 10

Offence: Mean an offence (or any offence described as a crime) that is punishable under New Zealand Law, including any act, wherever committed, that would be an offence in New Zealand if committed in NZ.

Question 11

What is the purpose of the assessment process when preparing an application for a restraining order relating to an instrument of crime?

Answer 11

The assessment process is conducted to determine:

• The value of the assets.
• Equity in the asset.
• Any third party interest in the asset.
• The cost of action in respect of the asset.

Question 12

What is the definition of tainted property in relation to Criminal Proceeds (recovery) Act?

Answer 12

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 one activity if at least one of those activities is a significant criminal activity.

Question 13

What are the three phases of the money laundering cycle?

Answer 13

The three phases in the UNODC Money Laundering Cycle are:

• Placement
• Layering
• Integration