Questions

Question 1

Matt gets angry at his mechanic and takes a swing at this face but misses him. What matt charged with?

Answer 1

Assault

Question 2

When is a party’s offence committed?

Answer 2

Before or during the offence

Question 3

Definition of interest in crimes act?

Answer 3

Legal or equitable estate or interest in the property

Question 4

Matt released from prison, discusses burglary with jeff and john, he does not agree, jeff and john caught waiting for shop to close, what charged?

Answer 4

Nil, Matt should not be charged with conspiracy as he did not agree

Question 5

Todd and jeff plan to kill cow for cash, todd shoots and gives to jeff who sells it and gives todd 30%, who charged with what?

Answer 5

Both parties to theft

Question 6

Security guard decides to burgle own work place, drives to work to check alarm so he can burgle it later?

Answer 6

His actions are mere preparation

Question 7

Matt committed crime, goes to girlfriend and tells her, she receives him and hides him from Police, her liability?

Answer 7

Accessory after the fact

Question 8

When can a charge of perjury commence?

Answer 8

When recommended by Courts or directed by the Police commissioner

Question 9

Police Sgt watching Constables assault prisoner, is the Sgt liable?

Answer 9

Liable as secondary party to the assault, legal responsibility

Question 10

Unlawfully benefiting from significant criminal activity?

Answer 10

Unlawfully benefit as soon as you receive cash from purchases; how you deal with the cash is irrelevant

Question 11

Who can complete restraint application?

Answer 11

Only members of asset recovery units may apply for restraining orders etc

Question 12

Guy kills someone, lies to flatmate and asks her to get rid of clothes, she throws away, next day he comes clean and tell her the truth?

Answer 12

Not liable, Cannot charge as an AATF or party

Question 13

Withdrawing from an agreement liability?
.

Answer 13

A person withdrawing from the agreement is still guilty of conspiracy as are those who become party to the agreement after it has been made.

However a person can effectively withdraw before the actual agreement is made

Question 14

3 Case Law examples of when an act is physically or factually impossible?

Answer 14

R v Ring (hand in empty pocket with the intent to steal)

Higgins v Police (cultivates tomato plants thinking its cannabis)

Police v Jay (Bought hedge clippings thinking it was cannabis)

Question 15

What is an innocent party liable for?

Answer 15

An innocent agent carries no liability and is not capable of conviction as a secondary party (parties).

Question 16

R v Hapur

Answer 16

Several acts together may constitute an attempt. ‘his actions need not be considered in isolation; sufficient evidence of his intent was available from the events leading up to that point.

Question 17

The 2 part test for proximity - Attempts to commit an offence

Answer 17

• Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?

Or

• Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 18

Incites - defined

Answer 18

To incite means to ‘rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence

Question 19

Control over property – Receiving

Answer 19

Control over property may still be exercised by a receiver when the property is in the possession of the receiver’s agent or servant – control must be intentional

Question 20

Short Answer

Define Abets, Aids, Incites and Counsels?

Answer 20

Abets - to instigate or encourage, urge another person to commit an offence

Aids - assist in commission of the offence either physically or offering advice etc

Incites - to rouse, stir up, stimulate or animate or spur or urge on a person to commit an offence

Counsels - intentionally instigate the offence by advising or planning for another person

Question 21

What must be proved for a charge of Accessory After The Fact?

Answer 21

• that the person who is received, comforted or assisted by the accessory, was party (principal or secondary) to an offence that has been committed

• that at the time of the receiving, comforting or assisting that person, the accessory knows that person was a party to the offence that the accessory received, comforted or assisted that person or tampered with or actively
suppressed evidence against that person

• that at the time of receiving, comforting or assisting etc the accessory’s purpose was to enable that person to escape after arrest or avoid arreat or avoid conviction

Question 22

What was held in R v Renata?

Answer 22

Three offenders beat the victim to death in the car park of a tavern. The prosecution was unable to establish which blow was the fatal one or which of the 3 offenders administered it.

‘The court held that where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the ways contemplated in s66(1)’

Question 23

What was held in Section 66(2) Crimes Act 1961?

Answer 23

Where 2 or more persons form 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 24

Definition of Tainted Property – Criminal proceeds definitions

Answer 24

(a) Means any property that has 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 that 1 activity if at least 1 of those activities is a significant criminal activity

Question 25

Explain the Doctrine of recent possession?

Answer 25

Applies to theft and receiving and is the presumption that the possession of recently stolen property is, in the absence of a satisfactory explanation, evidence to justify a believe that the possessor is either the thief or has committed some other offence associated with the theft of property.

Question 26

What was held in R v Donnelly?

Answer 26

You cannot receive property that has been recovered or legal title has been restored, even if the receivers are aware it was previously stolen.

Question 27

Circumstances that are permitted for lay witness to give opinion evidence

Answer 27

A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate or the fact finder to understand what the witness saw, heard or otherwise perceived

Question 28

Matters to be considered when interviewing conspiracy suspects and witnesses?

Answer 28

• the existence of an agreement to commit an offence, or
• the existence of an agreement to omit to do something that would amount to an offence, andthe intention of those involved in the agreement
• the identity of all people concerned where possible
• whether anything was written, said or done to further the common purpose

Question 29

When to lay a conspiracy charge or substantive charge?

Answer 29

Generally conspiracy charges not laid when a substantive charge can be proved, undesirable to lay both because:

• evidence admissible only on the conspiracy charge may have prejudicial effect in relation to other charges
• judge may disallow the evidence as too prejudicial
• addition of conspiracy charge may unnecessarily prolong and complicate a trial
• where charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed
• severance may be ordered so charging documents heard at separate trials

Question 30

Two essential ingredients for fabricating evidence?

Answer 30

• intent to mislead any tribunal holding a judicial proceeding to which section 108 applies
• fabricates evidence by means other than perjury

Question 31

What must you prove with Money laundering in regard to knowledge and belief?

Answer 31

Must prove the offender had knowledge or belief or was reckless that the property was the proceeds of any serious offence (5yrs +)

Question 32

Explain R v Larkins ?

Answer 32

Not necessary that the principal is aware they are being assisting but there must be proof of actual assistance, the mere commission of an act intended to have that affect is insufficient.

Question 33

Three elements required for receiving?

Answer 33

• there must be property that has been stolen or obtained by an imprisonable offence

• the accused must have ‘received’ that property which requires that the receiving must be from another person

• the accused must receive that property in the knowledge that is has been stolen or illegally obtained or being reckless as to that possibility

Question 34

Explain R v Sanders

Answer 34

A conspiracy does not end with the making of the agreement and continues until it is ended by completion or abandonment.

Question 35

What must be proved – Attempts to commit an offence

Answer 35

• Intent (mens rea) to commit an offence

• Act (actus reus) that they did or omitted to do something to achieve that end

• Proximate, that their act or omission was sufficiently close

Question 36

Definition of serious offence?

Answer 36

Means an offence punishable by imprisonment for a term of 5 yrs or more and includes any act, wherever committed, that if committed in NZ would constitute an offence punishable by imprisonment for a term of 5 yrs or more

Question 37

Interviewing an accessory what knowledge must prove?

Answer 37

• an offence has been committed,
• and the person they are assisting was a party (principal or secondary) to that offence
• Knowledge must be at the time assistance given

Question 38

When can you not charge a person with an attempt ?

Answer 38

• criminality depends on recklessness or negligence, e.g. manslaughter

• an attempt to commit an offence is included within the definition of that offence, e.g. assault

• offence is such that the act has to have been completed in order for the offence to exist at all, e.g. demands with menaces

Question 39

When is receiving complete?

Answer 39

as soon as the offender has either exclusively or jointly obtained possession or control over the property or helps in concealing or disposing of the property

Question 40

What must prosecution prove against receiver having control over stolen property?

Answer 40

• the receiver arranged for the property to be delivered there with intent

or

• upon discovering the property he or she intentionally exercised control over it with intent

Question 41

What must high court satisfy when making a profit forfeiture?

Answer 41

Must satisfy on balance of probabilities that:
• the respondent has unlawfully benefited from significant criminal activity, and
• the respondent has interest in property

Question 42

Intentional acts an accessory after the fact must do?

Answer 42

receives
comforts
assists
tampers with evidence
actively suppresses evidence

Question 43

What constitutes a party?

Answer 43

(a) actually committed the offence
(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

Question 44

Mental elements of conspiracy

Answer 44

• an intention of those involved to agree, and
• an intention that the relevant course of conduct should be pursued by those party to the agreement
• intent to commit the full offence

Question 45

Once acts are sufficiently proximate, there is no defence that

Answer 45

• They were prevented by some outside agent (eg police)

• Failed to complete the full offence due to inefficiency

• Were prevented because an intervening event made it physically impossible