Questions II

Question 1

What was held in R v Crooks

Answer 1

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient.

Question 2

What knowledge must an accessory possess to be an accessory after the fact

Answer 2

At the time of the assistance given, must have knowledge that:

1. An offence has been committed, and
2. The person they are assisting was a party (principal or secondary) to that offence.

Question 3

Spouse/civil union partner exceptions for being an accessory after the fact.

Answer 3

S71(2) CA61
You cannot be charged with being an accessory after the fact to your spouse (legally married), or your spouse and another party (this when they work in concert).

This same limitation applies to those in a civil union, but does not extend to encompass those in de facto relationships or other family relationships.

This defence does not extend to cases where the person helps another party but does not assist their spouse or civil union partner as well.

Question 4

What is the actus reus of an accessory after the fact and

5 intentional acts

Answer 4

The accessory must do a deliberate intentional act, with the purpose of assisting the person to evade justice in one of the three ways in s71(1) escape after arrest, avoid arrest, or avoid conviction. They must also posses the knowledge. The intentional acts are:

1. Receives
2. Comforts
3. Assists
4. Tampers with evidence
5. Actively suppresses evidence

Question 5

Examples of conspiring or attempting to mislead justice within sections 116 and 117 may include

Answer 5

1. Preventing a witness from testifying
2. Wilfully going absent as a witness
3. Threatening or bribing witnesses
4. Concealing the fact an offence has been committed
5. Intentionally giving police false information to obstruct their inquiries
6. Supplying false information to probation officers
7. Assisting a wanted person to leave the country
8. Arranging a false alibi
9. Threatening or bribing jury members

Question 6

Explain the doctrine of recent possession in receiving

Answer 6

The doctrine of recent possession rule allows for proof of theft or receiving by way of circumstantial evidence.

In circumstances where a person is found in possession of stolen property reasonably soon after the theft, an inference may be drawn that the person in possession either stole the property or received it from the thief.

The doctrine applies only to cases where a defendant is found in possession of property recently stolen or obtained dishonestly.

Where possession is recent it depends on the nature of the property and surrounding circumstances.

Question 7

Circumstantial evidence of guilty knowledge in a receiving charge

Answer 7

Receipt
• receipt of goods at an unusual place 
• receipt of goods at an unusual time 
• receipt of good in an unusual way 
• secrecy in receiving the property 
• type of person goods received from 

Value
• mode of payment
• purchase at a gross undervalue
• absence of receipt where receipt would usually be issued

Property
• nature of the property, ie type, value, quantity
• lack of original packaging
• removal of identifying marks or features
• steps taken to disguise property, ie removal / altering of serial numbers, painting

Defendant
• nature of explanation given, eg false or inconsistent or no reasonable explanation
• false statements as to the source of the goods
• false statements as to the date of acquisition
• false denial of knowledge, existence etc
• possession of recently stolen property
• concealment of property to avoid discovery

Question 8

What are the three phases of the money laundering cycle and a description of each

Answer 8

1. Placement - Cash enters the financial system
2. Layering - Money is involved in a number of transactions.
3. Integration - Money is mixed with
   lawful funds or integrated back into the economy, with the appearance of legitimacy.

Question 9

Money Laundering:
Placement example
Layering example
Integration example

Answer 9

Placement: An offender makes money from selling cannabis and then deposits these proceeds into an associate’s bank account.

Layering: The associate transfers the money into an account held by a ‘shell’ company that the offender is the director of

Integration: The money is declared as revenue for the company, tax is paid, and then the offender pays himself director fees or a salary out of the company account.

Question 10

What are the element of Money Laundering

Answer 10

Section 243(2) CA61
1. In respect of any property that is the proceeds of an offence.
2. Engages in a money laundering transaction
3. Knowing or believing that all or part of the property is the proceeds of an offence
OR
Being reckless as to
whether or not the property is the proceeds of an offence

Question 11

When interviewing a suspect about money laundering or where proceeds recovery action is to be considered. List points to consider.

Answer 11

1. Suspect’s legitimate income
2. Suspect’s illegitimate income
3. Expenditure
4. Assets
5. Liabilities
6. Acquisition of financial records, from banks, financing companies, loan sharks, family trust documents
7. Clarification of documentary evidence located, as per above