SHORT ANSWERS - HINTS Flashcards
The elements of the offence Accessory after the Fact are found within Section 71 of the Crimes Act 1961.
What needs to be proved for a charge of being an accessory after the fact?
That at the time of receiving, comforting or assisting knows that the person was a party to an offence, and
they received comforted or assisted the offender or
tampered with or actively suppressed evidence against the offender to
enable him or her to escape after arrest or to avoid arrest or conviction
The offence of Receiving Section 246 Crimes Act 1961 has certain requirements that must be met for a “receiver” to be found guilty in a NZ court.
What was held in the matter of R v Donelly in relation to receiving?
Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.
It was legally impossible for him to receive stolen property as those goods were no longer deemed to be stolen.
Section 116 and 117 of the Crimes Act cover offences relating to defeating the course of justice and interfering with the judicial process.
List 4 examples of conspiring or attempting to mislead justice?
- Preventing a witness from testifying
- Wilfully going absent as a witness
- Threatening or bribing a witnesses
- Concealing the fact a crime has been committed
- Intentionally giving Police false information to obstruct their enquiries
- Supplying false information to probation officers
- Assisting a wanted person to leave the country
- Arranging a false alibi
- Threatening Or Bribing jury members
A person who is to be charged with being an accessory after the fact to an offence must have committed at least one of five deliberate acts.
What are 4 of these 5 deliberate acts?
- Receives
- Comforts
- Assists
- Tampers with Evidence
- Actively Suppresses Evidence
For a charge of money laundering to succeed it is not enough to simply allege that an offender, after acquiring property from criminal offending (eg money), simply used that money to purchase other property.
When considering the principal charge of money laundering, under Section 243(2), proof of 4 elements is required. What are these 4 elements?
- Dealing with property or assisting with such dealing
- The source of the property being the proceeds of an offence (or any offence described as a crime) that would be an offence in NZ if committed in NZ.
- Knowledge or belief that the property was the proceeds of such an offence, or recklessness as to whether it was the proceeds of such an offence.
- An intention to conceal the property.
Being a “Party to an Offence” covers a number of courses of action that can fulfill the elements of the offence.
What constitutes being a “Party to an Offence” under Section 66(1) Crimes Act 1961?
Actually, commits the offence.
- Does or omits an act for the purpose of aiding any person to commit the offence
- Abets any person in the commission of the offence
- Incites, counsels or procures any person to commit the offence.
You conduct a Search Warrant at an address in order to locate several stolen televisions. You locate the televisions and in explanation the Suspects states that they are simply not his and he does not know how they got into his house.
What is the “Doctrine of Recent Possession”?
It is the presumption that, where the defendant acquired possession willingly, the proof of possession by the defendant of property recently stolen is, in the absence of a satisfactory explanation, evidence to justify a belief and finding that the possessor is either the thief or receiver or has committed some other offence associated with the theft of the property, eg. Burglary or Robbery.
The offence of parties covers a plethora of ways in which a person can be a secondary offender.
Interpret each of the following words referred to in Section 66(1) Crimes Act 1961 relating to parties to offences.
a) Aids
b) Abets
c) Incites
d) Counsels
Aids:
To assist in the commission of the offence, either physically or by giving advice and information
Abets:
To instigate the offence or encourage the offender
Incites:
To rouse, stir up, stimulate, animate, urge or spur on
Counsels:
To intentionally instigate the offence, advise the offender or plan the offence for the offender or urge on.
Receiving and Deception offences share a common theme which involves the concept of title.
Explain:
a) The concept of Title
b) The term voidable Title
c) How to avoid Title
a) Title is defined by the Oxford Dictionary as meaning “a right or claim to the ownership of property” Title or Ownership of a thing is the legal right to possession of a thing. Where property is obtained by deceptive means the offender gains both possession and title. However, the type of title gained by the offender has limitations.
b) 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 title.
c) To avoid title one of the following must be completed:
- Communicating directly with the deceiver
- Taking all reasonable steps to bring it to the deceiver’s notice
- Advising police of the circumstances of the deception
You should consult with members of your local Asset Recovery Unit when dealing with matters to do with money laundering and/or proceeds recovery action.
When interviewing a suspect about money laundering or where proceeds recovery action is to be considered, what investigate points should you consider when planning a suspect interview?`
- Suspects legitimate income
- Suspects illegitimate income
- Expenditure
- Assests
- Liabilities
- Acquistion of financial records from banks, financing companies, loan sharks, family trust documents
- Clarification of documentary evidence located as above
Section 243 - Crimes Act 1961 covers Money Laundering Offences.
What “knowledge” or “belief” must you establish before a suspect can be charged with engaging in a money laundering transaction under Section 243(2) - Crimes Act 1961?
Knowledge or belief that all or part of the property is the proceeds of any offence or is reckless as to whether or not the property is the proceeds of an offence.
You are preparing to interview witnesses and suspects in relation to a conspiracy investigation.
List 4 matters you will need to establish from interviews or statements or witnesses or suspects, in order to prove a charge of conspiracy?
Witnesses:
(Interview and obtain statements covering):
- Identity of people present at the time of the agreement with whom the agreement was made
- What offence was planned
- Any acts carried out to further the common purpose
Suspects:
(Interview the people concerned, and obtain statements, to establish):
- 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
AND
- The intent 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
There is no such thing as an attempt to commit an attempt and there are also occasions when you can’t prosecute of an attempt for various legal reasons.
What are 2 situations in which you cannot prosecute for “attempting” to commit a crime?
Any 2 of:
- Where the criminality depends on recklessness or negligence eg manslaughter
- Where the offence is such that the act must have been completed in order for the offence to exist at all, eg. demanding with menaces.
- An attempt to commit an offence is contained within the definition of that offence eg. Assault.
