Random Questions

Question 1

Matt gets angry at his mechanic and swings at his face but misses, what offence is it?

Answer 1

Assault

Question 2

When is a “party to” an offence?

Answer 2

Before or during the commission of the offence

Question 3

Definition of interest?

Answer 3

legal or equitable estate or interest in property or right, power, privilege in connection with the property.

legal or equitable estate or interest in property, right, power or privilege in connection with the property.

Question 4

Matt is released from prison discusses burg with John but Matt does not agree?

Answer 4

No offence has been committed by Matt as he has not agreed to it with John.

Question 5

Todd and Jeff plan to kill animal for cash, Todd shoots and gives to Jeff who sells?

Answer 5

Both are parties under section 66(1)(a)

Question 6

Security Guard decides to burg work place he drives to work to check alarm so he can Burg later?

Answer 6

His actions are mere preparation.

Question 7

Matt commits crime goes to GF and tells her, she hides him from Police?

Answer 7

Accessory After the Facts. She has knowledge of the offence which Matt has told her, she then takes action to hide him to avoid arrest by Police.

Question 8

When can charge of perjury commence?

Answer 8

When recommended by the Courts or directed by Police Commissioner.

Question 9

Police Sgt watches Constable assault prisoner?

Answer 9

Liable as a secondary party due to his obligation to act for the interest of another or member of the public.

Question 10

Unlawful benefiting from significant criminal activity?

Answer 10

Unlawful benefit as soon as receive cash from purchases, how it deals is irrelevant.

Question 11

Who can complete restraint application?

Answer 11

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

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 tells her the truth?

Answer 12

Not liable for AAF due to not being aware of the crime at the time of action.

Question 13

Can a person withdrwal from the offence conspiracy after making an agreement with others?

Answer 13

No once the offence has been agreed upon by the group then all parties are liable regardless of a change of mind.

Question 14

When is an act physically or legally impossible?

Answer 14

An example of physical impossible is when a person cultivates cannabis but did not realize it was tomato plants. This person would still be liable for attempts.

An example of legally impossible is when a person tries to obtain property which had been stolen by another but when doing so police had long recovered it meaning that the property is no longer stolen. Thus making it legally impossible to be liable for an offence.

Question 15

What is an innocence agent?

Answer 15

An innocence agent carries no liability and is not capable of conviction as a secondary party. An innocent agent is someone who is unaware of the significance of their actions.

Question 16

The mens rea necessary for conspiracy?

Answer 16

The intent is to commit the crime, where there is no intent then there is no crime committed.

Question 17

Three conditions must be satisfied for attempt conviction to succeed?

Answer 17

An intent, actus rea and sufficiently proximate to the offence. All three must be satisfied at a minimum and additionally it must be legally possible to commit in the circumstances. A person can be convicted of an attempt that is physically impossible.

Question 18

Acts must be sufficiently proximate to the full offence?

Answer 18

To prove an attempt the accused must have done acts or omissions beyond mere preparation and is sufficiently proximate to the full offence.

Question 19

Several acts together may constitute an attempt?

Answer 19

R v Harpur

Several acts together may constitutes 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 20

What is the test for proximity?

Answer 20

• Has the offender done anything to position himself that he could embark on an actual attempt?
• Of has the offender actually commences in execution of the actual offence?
• Has he taken a step in the actual crime itself?

Question 21

When are you unable to charge a person with ATTEMPTS?

Answer 21

• The criminality depends on recklessness or negligence (manslaughter)
• An attempt is an element included within the definition of the offence.
• The offence is such that the act has to have been completed in order for the offence to exist at all.

Question 22

Legal Duty parties to offence Ashton v Police?

Answer 22

Legal obligation to act and failure to do so to prevent a subordinate or colleague committing an offence against another will have that person liable as a secondary party?

Question 23

Incites Party to offences?

Answer 23

One who urges or spurs on one to commit an offence incites. To rouse, stir up stimulate animate urge or spur a person to commit an offence.

Question 24

Spouse/Civil union partner exceptions for accessory?

Answer 24

Under section 71(2) you cannot charge with being an accessory if you are legally married or if it is your spouse and another party when they offend together. (defacto can be charged)

Question 25

Intention to misleading justice?

Answer 25

the offence of perjury is complete at the time the false evidence is given, accompanied by an intention to mislead tribunal. There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence given.

Question 26

Control over Receiving?

Answer 26

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 27

Two guys make an agreement in Australia to kill one of their wives in NZ but back out?

Answer 27

Not liable in NZ