Progress Test 4

Question 1

What intent must be present in the mind of a person at the time of providing assistance to a party to an offence, so as to the fact?

Answer 1

intent to assist the party to

• enable that person to escape after arrest OR
• enable that person to avoid arrest or conviction

Question 2

Briefly define the meaning of each of the following terms reffed to in s71(1) of the Crimes Act 1961 as they relate to accessories after the fact:

Receives

Comforts

Assists

Tampers with

Actively suppresses

Answer 2

• Receives refers to harboring or offering them shelter eg hiding in basement
• Comforts providing shelter, food, clothes accommodation or any other supplies
• Assists refers to providing transport, acting as a look out, identifying purchaser for stolen property as a receiver, deliberately providing authorities with false information as to an offender’s whereabouts, giving advice, information, material or services to the offender.
• Tampers means to alter the evidence against the offender, modifying telephone records to conceal communication that might implicate them.
• Actively suppresses acts of concealing or destroying evidence against an offender, washing bloodied clothing repeatedly to remove evidence or destroying it.

Question 3

What is the principal difference between a party to an offence and an accessory after the fact?

Answer 3

Principal difference between parties and accessory is that a party is involved in the offence before or during the offence and accessory is acts after the completed offence.

Question 4

Under what circumstances can you charge someone as being an accessory after the fact when they have received goods dishonestly obtained?

Answer 4

Only when its been an intention to assist the principal offender to suppress any evidence in order for the party evade justice.

Question 5

What the elements for Perjury?

Answer 5

• Witness making any
• Assertion as a 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

Question 6

What does section 116 CA61 entail?

Answer 6

Everyone who CONSPIRES to obstruct, prevent, pervert or defeat the course of justice. (Conspiracy section 310)

Question 7

What does section 121 of the Evidence Act 2006 entail about corroboration?

Answer 7

In relation to the following offences:

• Perjury section 108
• False oaths section 110
• False statements section 111 and
• treason section 73

Question 8

What are some examples of conspiring or attempting to mislead justice within section 116 or 117?

Answer 8

• Preventing a witness from testifying
• wilfully going absent as a witness
• threatening or bribing witnesses
• concealing the fact an offence has been committed
• intentionally giving police false information to obstruct
  their inquiries
• supplying false information to probation officers
• assisting a wanted person to leave the country

Question 9

What does Section 117 entail?

Answer 9

Every liable to 7 years imprisonment who:

a) Dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter (Whether civil or criminal and whether tried or to be tried in New Zealand or in an overseas jurisdiction).
b) Influences or attempts to influence, by threats or bribes or other corrupt means a member of a jury in his or her conduct as such (Whether civil or criminal and whether tried or to be tried in New Zealand or in an overseas jurisdiction). or
c) accepts any bribe or other corrupt consideration to abstain from giving evidence (Whether civil or criminal and whether tried or to be tried in New Zealand or in an overseas jurisdiction). or
d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (Whether civil or criminal and whether tried or to be tried in New Zealand or in an overseas jurisdiction). or
e) wilfully attempts in any other way to obstruct, prevent pervert or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdication.

Question 10

Does conspiring to defeat the course of justice involve criminal and civil?

Answer 10

Yes it does

Question 11

Is it a defence for a person to defeat the course of justice to get and secure a just result?

Answer 11

No it is not a defence for someone to defeat the course of justice so they could secure a just result.

Question 12

What should you turn your mind to when looking at offences under section 116 and evidence may not have a charge of conspiracy .

Answer 12

Through investigating an offence under section 116 you may get offences under section 117.