Questions III Flashcards
Evidence of perjury, false oath, or false statement
Legislation
S112 CA61
No one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.
Voidable title
Title obtained by deception is referred to as ‘voidable title’. This means that the title can be avoided by the seller (complainant). The issue is that although the title is voidable, it is still a title.
Until the title is avoided, the person committing the deception has title to the property concerned and is able to confer a good title on to anyone who subsequently acquires the property from him in good faith.
In an attempt what is the test for proximity
- 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?
When an attempt is complete, what are act completed sufficiently proximate to intended offence
An attempt is complete even when the defendant changes their mind or makes a voluntary withdrawal after completing an act that is sufficiently proximate to the intended offence.
Once the acts are sufficiently proximate, the defendant has no defence that they:
• were prevented by some outside agent from doing something that was necessary to complete the offence; eg interruption from police
• failed to complete the full offence due to ineptitude, inefficiency or insufficient means, eg insufficient explosive to blow apart a safe
• were prevented from committing the offence because an intervening event made it physically impossible, eg removal of property before intended theft.
Situations when you are unable to charge with an attempt
- The criminality depends on recklessness or negligence, eg manslaughter.
- An attempt to commit an offence is included within the definition of that offence, eg assault.
- The offence is such that the act has to have been completed in order for the offence to exist at all. For example, demanding with menaces: it is the demand accompanied by the menace that constitutes the offence.
Elements of a party What you need to prove
- The identity of the defendant, and
- an offence has been successfully committed; and
- the elements of the offence (s66(1)) have been satisfied.
Avoiding title
In order to avoid title one of the following must be completed:
• communicating directly with the deceiver
• taking all reasonable and possible steps to bring it to the deceiver’s notice, eg sending a letter or email
• advising police of the circumstances of the deception
Interest definition for Money laundering
(a) a legal or equitable estate or interest in the property; or
(b) a right, power, or privilege in connection with the property.
Offence definition for Money laundering
means 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 New Zealand.
Property definition for Money laundering
means real or personal property of any description, whether situated in
New Zealand or elsewhere and whether tangible or intangible; and includes an interest in any such real or personal property.
Purpose of the Criminal Proceeds Recovery Act 2009
The primary purpose of this act is to establish a regime for the forteiture of property
(a) that has been derived directly or indirectly from significant criminal activity ot
(b) that represents the value of a persons unlawfully derived income.
Profit Forfeiture Order
Section 55, Criminal Proceeds (Recovery) Act 2009
(1) The High Court must make a profit forfeiture order if it is satisfied on the balance of probabilities that—
(a) The respondent has unlawfully benefited from significant criminal activity within the relevant period of criminal activity; and
(b) the respondent has interests in property.
Assessment process
Before preparing such an application an assessment process is required. The assessment process is conducted to determine:
• the value of the asset
• equity in the asset
• any third party interest in the asset
• the cost of action in respect of the asset.
Restraining Orders
The Criminal Proceeds (Recovery) Act 2009 empowers the Commissioner of Police to apply for restraining orders, assets forfeiture orders and profit orders. The Commissioner has delegated these functions solely to members in Asset Recovery Units.
Only members of Asset Recovery Units may apply for restraining orders (apart from those relating to Instruments of Crime), assets forfeiture orders and profit orders.
