SHORT ANSWERS - HINTS

Question 1

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?

Answer 1

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.

Question 2

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?

Answer 2

• Receives
• Comforts
• Assists
• Tampers with Evidence
• Actively Suppresses Evidence

Question 3

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

Answer 3

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.

Question 4

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

Answer 4

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

Question 5

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?

Answer 5

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.

Question 6

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?

Answer 6

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.