Short Answer + Multiple Choice Questions Flashcards
What is the definition of Perjury?
Perjury is an assertion as to any matter of fact, or belief, or opinion, or knowledge in any court proceeding that forms part of that witnesses evidence on oath, and known by that witness to be false, and intended to mislead the tribunal in court proceedings.
Does mere preparation of an offence constitute as an attempt?
No. For it to constitute as an attempt the proximity to completing the full offence must be close.
List FOUR elements under S243(2) Crimes Act 1961 - Money Laundering
In respect of ANY property
That is the proceeds
Engages in a Money Laundering transaction
Knowing or Believing that all or part of the property is proceeds of an offence, or being reckless as to whether or not the property is proceeds of an offence.
What enquiries should you conduct to prove a person was a party to an offence?
- Witnesses providing information that someone else was involved.
- Suspect acknowledging someone else was involved.
- Suspect or witness admissions
- Information from other sources suggesting someone else was involved.
- Reconstruction of the scene suggesting someone else was involved.
List all elements for Parties to an offence - Section 66(1) C.A. 1961
Everyone is a party to an offence if they:
a. actually commit the offence
b. to do or omit an act for the purpose of aiding any person to commit an offence
c. abets any person to commit an offence
d. incites, procures, or counsels any person in the commisison of an offence
What is the difference between s66(1) and s66(2)?
s66(1) is the offending of persons involved are a party to the intended offence. Where as s66(2) deals with offenders with the same common intention who commit an offence, and then go on to commit another offence as a result of the first offence .
Outline the knowledge/belief needed to prove a charge of money laundering?
- MUST be an interest in the property and
- hide/conceal how they obtained that property
Can a person be charged with a conspiracy to commit an offence overseas?
Yes, if it is an offence in New Zealand. They only have a defence if it is not an offence in the country they are going to commit it in
Outline FOUR points when interviewing an offender on conspiracy
- Was anything written down
- Existence of the agreement to commit the offence
- Persons involved
- Intention of all parties involved
List all the elements for an Attempts s72(1) Crimes Act 1961
- Having intent to commit an offence
- Does or omits an act for the purpose of accomplishing his/her objective
- Is guilty of an attempt to commit the offence intended
Name three things you must prove for an Attempt:
- Intent (mens rea)
- Act (Actus reus)
- Proximity to completion
What is your understanding of sufficiently proximate to the full offence?
Preparation, then steps taken towards completing an offence, (i.e. multiple acts undertaken), and the judge decides whether it is sufficiently proximate to the full offence
What was held in R v Harpur?
Have regard to the conduct viewed together up to the point where the conduct stops.
What is the test for Proximity and who decides it?
- Has the offender done anything to get themselves into a position to embark on an attempt, or
- Has the offender actually commenced execution (taken a step towards committing it)
If the answer is YES to either then the judge decides as its a question of law
What is the difference between aiding and abeting/ counsels/procures.
Aiding and Abeting requires someone to be present at the scene. Where as Incites/Counsels/Procures they all occur before the offence.
