SHORT ANSWERS - HINTS II Flashcards
Section 243 - Crimes Act 1961 defines the term “Offence” as it relates to the Money Laundering and Criminal Proceeds (Recovery) Act 2009.
In this context, what is that definition of “offence”?
Means an offence (or any offence described as a crime) that is punishable under NZ law including any act, wherever committed, that would be an offence in NZ if committed in NZ.
Being a “party to an offence” often relates to assistance given to the principal offender by a secondary offender.
What was held in the case Larkins v Police in relation to parties to offences?
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
Section 72 - Crimes Act 1961 does not in itself create an offence of “attempt”. It is simply a definition of attempt that applies to all offences.
What 3 elements or conditions must be proved in a case of an attempt to commit an offence?
- Intent (Mens Rea) to commit an offence
- Act (Actus Reus) that they did, or omitted to do something to achieve that end
- Proximity that their act or omission was sufficiently close
You are conducting an interview relating to an Accessory after the Fact. What knowledge must you establish that the suspect had?
Knowledge that:
- An offence has been committed AND
- The person they are assisting was a party (principal or secondary) to that offence.
The Criminal Proceeds (Recovery) Act 2009 provides legislation that is designed to disrupt the accumulation of assets through criminal activity.
How is the term “tainted property” defined under Section 5 - Criminal Proceeds (Recovery) Act 2009?
Means any property that has, wholly or in part, been
i) acquired as a result of significant criminal activity; or
ii) directly or indirectly derived from significant criminal activity and
includes any property that has been acquired as a result of, or directly or indirectly, derived from, more that 1 activity if at least 1 or those activities is a significant criminal activity.
A motorcycle dealer continually sells Harley Davidson bikes to known gang members who are paying cash. The dealer is warned that he is making a profit from ill-gotten gains.
Define the term “unlawfully benefited from criminal activity” in accordance with Section 7 Criminal Proceeds (Recovery) Act 2009.
In this Act, unless the context otherwise requires, A person has unlawfully benefited from significant criminal activity if the person has knowingly, directly or indirectly, derived a benefit from significant criminal activity (whether or not that person undertook or was involved in the significant criminal activity).
