SHORT ANSWERS - MOCK - HINT I Flashcards
Section 116 and 117 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
- Willfully going absent as a witness
- Arranging a false alibi
- Threatening or bribing witnesses
- Concealing the fact an offence has been committed
- Assisting a wanted person to leave the country
- Threatening or bribing Jury members
- Preventing a witness from testifying
- Intentionally giving Police false information to obstruct their enquiries
- Supplying false information to Probation Officers
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 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 punishable by 5 years imprisonment or more committed by another person.
- 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
You are preparing to interview witnesses and suspects in relation to conspiracy investigation.
List 4 matters you will need to establish from interviews or statements of witnesses or suspects of 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
“Fabricating Evidence” falls under covered under the banner of Misleading Justice.
What are the 2 essential elements of the offence of “fabricating evidence” under Section 113 - Crimes Act 1961?
- With intent to mislead any tribunal holding any judicial proceeding to which Section 108 applies
- Fabricates evidence by any means other than perjury.
You should consult with members of your local Assest Recovery Unit when dealing with matters 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, with investigative points should you consider when planning the suspect interview?
- Suspects legitimate income
- Suspects illegitimate income
- Expenditure
- Assests
- Liabilities
- Acquisition of financial records
- Clarification of documentary
Section 243 of the 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.
Party to a secondary offence is found in Section 66(2) of the Crimes Act 1961.
With regard to investigative procedure, how might you establish whether a person has been a party to an offence?
- Reconstruction of the offence committed. (see whether there was one or more persons involved)
- A suspect or witness admitting to providing aid or assistance when interviewed
- A witness providing you with evidence of another person’s involvement based on their observations.
- Receiving information indicating that others were involved in the offence.
You conduct a SW at an address in order to locate several stolen televisions. You locate the televisions and in explanation the Suspect 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, 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 circumstances in which property was received may alone be sufficient to justify finding that the property was stolen, an interference of guilty knowledge.
List 8 circumstances that could indicate guilty knowledge in relation to a charge of receiving.
- Possession of recently stolen property
- Nature of property ie, type, value, quantity
- Purchase at a gross undervalue
- Secrecy in receiving the property
- Receipt of goods at an unusual place
- Receipt of goods at an unusual time
- Receipt of goods at an unusual way
- Concealment of property to avoid discovery
- Removal of identifying marks or features
- Steps taken to disguise property (ie. removal/altering of serial numbers)
- Lack of original packaging
- Type of person goods received from
- Mode of payment
- Absence of receipt where receipt would usually be issued
The facts of R v Renata are the 3 offenders beat a person to death in car park of tavern, all were subsequently put before the court.
What were the main points held in the matter of R v Renata in relation to parties to offences.
- Each offender satisfies the ingredients of the offence committed
- Each offender separately satisfies the actus reas
Bruce and Peter have committed an aggravated robbery whereupon Bruce has killed someone in an attempt to flee the scene.
Under what circumstances does a person become a “party to an offence” as set out in Section 66(2) 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.
