Liabilities

Question 1

Conspiring to commit an offence

Answer 1

s310 CA

conspires
With any person
To commit any offence
OR
to do or omit, in any part of the world, anything in which the doing or omission in New Zealand would be an offence

Question 2

Conspiracy
Case law to include in liability

Answer 2

Mulcahy v R - definition of conspiracy
R v White - two or more
R v Sanders - jurisdiction, and a conspiracy does not end in the making of the agreement

Question 3

Accessory after the fact

Answer 3

s71 CA
Knowing any person to have been party to the offence
Receives, comforts, or assists that person OR tampers with or actively suppresses any evidence against him
I’m order to enable him to escape after arrest or avoid arrest or conviction

Question 4

Accessory after the fact
Case law to include in liabilities

Answer 4

R v Crooks - knowledge
R v Briggs - wilful blindness
R v Collister - intent

Question 5

Perjury liability

Answer 5

s108 CA

A witness making any
Assertion as to any matter of fact, opinion, belief or knowledge
In any judicial proceeding
Forming part of that witnesses evidence on oath
Known by that witness to be false, and
Intended to mislead the tribunal

Question 6

PerjuryCase law to be included

Answer 6

R v Goodyear-Smith
To be guilty of perjury, a witness a witness must make a wilfully false statement in respect of an issue that the witness believes is of material importance to the proceeding

Question 7

Receives property liability

Answer 7

s246 CA

Act of receiving
Any property stolen or obtained by any other imprisonable offence
Knowing that at the time of redic ing the property that it had been stolen or obtained by any other imprisonable offence, or
Being reckless as to whether or not the property had been stolen or so obtained

Question 8

Receives property
Case law to include

Answer 8

246(3) - when receiving is complete
R v Cox - possession
Cullen v R - 4 elements for possession for receiving
R v Lucinsky - the property received must be property stolen or illegally obtained
Cameron v R - recklessness

Question 9

Parties to offences

Answer 9

s66 CA 1961

Everyone is a party to and guilty of an offence who -
a) actually commits the offence, or
b) does or omits an act for the purpose of aiding any person to commit the offence, or
c) abets any person in the commission of the offence, or
d) incites, counsels, or procures any person to commit the offence