ASSOCIATED OFFENCES Flashcards
(56 cards)
Elements of Parties (Section 66 Crimes Act 1961)
- everyone who
- actually commits the offence OR
- does or omits an act for the purpose of aiding any person to commit the offence OR
- abets any person in the commission of the offence OR
- incites, counsels or procures a person to commit the offence
Elements of Accessory After The Fact (Section 71 Crimes Act 1961)
- everyone who
- knowing another person to have a party to an offence
- receives, comforts, assists that person OR
- tampers with or actively suppresses any evidence against him/her
- in order to enable him to avoid arrest, escape after arrest or avoid conviction
Elements of Attempts (Section 72(1) Crimes Act 1961)
- everyone who
- having an intent to commit an offence
- does or omits an act for the purpose of accomplishing his object
- is guilty of an attempt to commit the offence intended
- whether in the circumstances it was possible to commit the offence or not
Elements of Perjury (Section 108 Crimes Act 1961)
- 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
Elements of Receiving (Section 246 Crimes Act 1961)
- everyone who
- receives
- any stolen property OR
- obtained by any other imprisonable offence
- knowing that at the time of receiving the property that it has been stolen OR
- being reckless as to whether or not the property had been stolen or so obtained
Elements of Conspiracy (Section 310 Crimes Act 1961)
- conspires
- with any person
- to commit an offence OR
- to do or omit, in any part of the world
- anything of which the doing or omission in New Zealand would be an offence
Mulcahy v R (Conspires)
A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself.
R v Sanders (Conspiracy)
A conspiracy does not end with the making of the agreement. The conspirational agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged
Define conspiracy
Two or more subject forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.
Mens rea for conspiracy?
- an intention of those involved to agree and
- an intention that the relevant course of conduct should be pursued by those party to the agreement
R v Collister (Intent)
Circumstantial evidence from which an offenders intent may be inferred can include:
- the offenders actions and words before during and after the event
- the surrounding circumstances
- the nature of the act itself
R v White (Conspiracy)
Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown
Define act
To take action or do something, to bring about a particular result
Define omission
The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation
Conspiracy jurisdiction
- person charged with conspiracy need not have been in NZ at time of act, omission or event
- is an offence to not only conspire to commit an offence in NZ but also to conspire to do or omit in any part of the world anything that would be an offence if done in NZ
Conspiracy defence:
If they are able to prove that the act is not an offence under the law of the place where it was to be committed
When is the offence of conspiracy complete?
The offence is complete on the agreement being made, accompanied by the required intent. It does not require any further progression toward its completion by those involved in the agreement.
Explain liability of a person who agrees to commit an offence with another then withdraws from the agreement before the completion of the intended offence
A person withdrawing is still guilt of conspiracy as are those people who had become party to the agreement after it has been made. However a person can effectively withdraw before the actual agreement is made
What five points should be covered when interviewing conspiracy suspects?
- existence of an agreement to commit an offence OR
- existence of an agreement to omit or do something that would amount to an offence
- the intent of those involved in the agreement
- identity of all people concerned
- whether anything was written, said or done to further the common purpose
What are the three condition that must apply for an “attempt” conviction to succeed?
- intent to commit an offence
- act that they did, or omitted to do, something to achieve that end
- proximity that their act or on mission was sufficiently close
R v Ring (Inferring intent)
In this case the offenders intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this he was able to be convicted of attempted theft because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.
“All but” rule
Accused must have done or omitted to do some acts that are sufficiently proximate (close) to the full offence. Effectively, must have started to commit the full offence and have gone beyond the phase of mere preparation
R v Harpur (Several Acts)
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative.
