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Flashcards in Association offences - CIB006 (Main one) Deck (70)
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1
Q

A person cannot be charged with being an accessory after the fact if?

A
  • They are legally married or in a civil union to the person they assisted. S72
2
Q

Graham travels to Indonesia from Australia for a holiday and meets up with Ron who is an old friend from NZ. Ron advises that he is having financial problems and the says that the only way out of them is to kill his wife and collect on the insurance money. Graham agrees to travel to NZ and kill Sarah and collect the insurance money. Graham agrees to travel to NZ and kill Sarah for a fee and discuss how Ron can set up an alibi for the time of the murder. Graham later gets cold feet and does not travel to NZ.

Who is liable for an offence and what is it?

A
  • Neither are liable for conspiracy to murder as no act took place to further the conspiracy inside NZ.
3
Q

Ken is the owner of a 4 hectare lifestyle property which has a small shed in a back paddock. Police received a tip off that a stolen motor cycles are being stored in the shed. After a search warrant is executed the motor cycle is found. Ken is interviewed he asks for his lawyer and refuses to say anything. What must Police prove to establish that Ken has control over the stole bike?

A
  • That Ken arranged for the motor cycle to be delivered there or he intentionally exercised control over them.
4
Q

When interviewing a suspect about money laundering or where proceeds recovery action is to be considered. What are some things the investigator should consider?

A
  • Suspect legitimate and illegitimate income
  • Assets
  • Liabilities
5
Q

To incite a person to commit an offence means?

A
  • To rouse, stir up, urge or spur on
6
Q

To prove a charge of accessory after the fact you must establish?

A
  • An offence has been committed and the offender knew the person they were assisting was party to an offence.
7
Q

Harry is a middle aged man who uses false identities on social networks sites to entice vulnerable and lonely woman to meet with him. He arranges to meet them in out of the way place and rapes them. After receiving a number of complaints a female Police officer poses on one of the sites as a lonely woman and arranges to meet with Harry who is then apprehended by Police at the meeting place. In addition to the charges relating to the previous rapes what following situation applies?

A
  • He can be charged with attempted sexual violation of the police officer as he intended to rape her and the conduct was proximate to the full offence.
8
Q

Police execute a search warrant on the home of Louis who is gang member and his girlfriend Jennifer. They locate a small meth lab in the garage and evidence of small scale dealing. When interviewed by Police Jennifer states she did not know anything about the meth lab or drug dealing. Louis is charged and Jennifer is later called to give evidence at the trial where she states on oath that she had a fair idea that Louis was dealing drugs. Police conduct an investigation but there is no evidence other than Jennifer contradictory statements.

Jennifer could be liable for?

A
  • No offence without a confession there is no evidence to establish perjury.
9
Q

What are the 4 essentials elements of the offence of fabricating evidence under S113 CA61?

A

S113 CA61 - 7yrs

  • With intent to mislead any tribunal holding or judicial proceeding
  • to which S108 applies
  • fabricates evidence
  • by any means other than perjury
10
Q

What knowledge or belief must you establish before a suspect can be charged with engaging in a money laundering transaction under S243(2) CA61?

A
  • Knowing or believing that all or part of the property are proceeds of a serious offence or being reckless as to whether or not they are proceeds of a serious offence.
11
Q

What was held in the case LARKINS v Police in relation to actual proof of assistance?

A

LARKINS v Police
- It is unnecessary that the principal offender be aware that they are being assisted but there must be proof of the actual assistance.

12
Q

What are essential elements required to establish a charge of receiving?

A
  • Property was stolen or obtained by any imprisonable offence
  • The accused received it from another
  • Had knowledge it was stolen or illegally obtained or been reckless to those facts.
13
Q

What are the 3 key elements that must be proven in a case of an attempt to commit an offence?

A
  • Intent to commit an offence (Mens Rea)
  • Did an act that to achieve their intent (Actus Rea)
  • Proximity their act was sufficiently close
14
Q

A witness who is about to give evidence seeks your advice as OC of the case about the rules concerning giving non-expert opinion evidence. State the relevant act and section that applies and explain the general admissibility of opinion evidence?

A
  • S24 of the evidence act 06
  • A witness may state an opinion evidence if that opinion is to communicate or help the fact finder to understand what the witness saw, heard or otherwise perceived.
15
Q

Define the term “offence” as defined in S243 CA61 relating to Money Laundering and Criminal Proceeds Act 09?

A
  • An offence that is punishable under NZ law including ay act wherever committed that would be offence in NZ if committed in NZ
16
Q

For a charge of money laundering to succeed it is not enough to simply allege that an offender after acquiring property (eg money) from criminal offending simply used that money to purchase other property. What other requirements and elements must be proven when considering a charge of money laundering?

A
  • Dealing with property or assisting in such dealing
  • Knowledge or belief the property were proceeds of a serious offence or reckless as to those facts
  • An intention to conceal the property
17
Q

Grant is involved in a fight outside a local hotel. He has seriously assaulted a male punching him in the head a number of times causing life threatening injuries. Grant decamps from the scene and goes to his girlfriends house ad tells her everything that happened and asks his girlfriend to burn the clothes he had worn at the time of the assaults. She burns the items in the Gardner incinerator.

Complete a CL

A

Accessory after the fact
S71(1)
5yrs

1- Knowing any person to be party to an offence
2 - Tampers with or actively suppresses evidence against that person
3 - To enable that person to avoid arrest or conviction

18
Q

Lisa is a prostitute and gets paid for her services with necklace worth about $800 from Michael Hill Jewellers by Barry who is a well known burglar. Barry informs Lisa that he stole the necklace from right in front of the shop assistant. Lisa decides to keep the necklace.

Complete CL

A

Receiving
S246(1) CA61
1yr

1- Receives
2 - Any property
3- Stolen
4- Knowing that property to have been stolen or obtained by any imprisonable offence 
5 - Value
19
Q

You are the OC of a prosecution case where you are considering asset recovery action. Property that is an instrument of a crime needs to be restrained to prevent disposal. Detail the matters that you must include in an affidavit seeing a restraining order?

A
  • OC details
  • Offender details, charges, convictions and admissions
  • Search warrant describe the nature of the offending discovered at or involving the property concerned
  • Property described the property sought
  • Ownership show the offender own or has custody or control of it.
20
Q

What are 4 examples of guilty knowledge in relation to receiving?

A
  • Possession of recently stolen property
  • Goods exchanged in usual place and times
  • Purchased undervalue goods
  • Lack of packaging
21
Q

In relation to attempts to prove it is sufficiently proximate to the full offence. The offender must have done what?

A
  • Done or omitted an act that is sufficiently proximate to the full offence
  • Started to committed the full offence and gone past the point of preparation.
22
Q

Once an attempted offence is sufficiently proximate it is no defence that?

A
  • Failed to complete the full offence due to lack of skills or insufficient means
  • Prevented by an event that made it physically impossible
  • Prevent by an outside agent from doing something that was needed to commit the offence
23
Q

What are all the intents to accessory after the fact?

A
  • Escape after arrest
  • Avoid Arrest
  • Avoid conviction
24
Q

Before criminal proceeds can be taken what must occur?

A
  • Restraining order is the first step in the asset seizure process
  • The application must show reasonable grounds to believe the property was obtained criminal activity whether directly or indirectly
25
Q

For profit forfeiture what must the High Court be satisfied on with the balance of probabilities?

A
  • Respondent unlawfully benefited from criminal activity and has interest in the property.
26
Q

How must you prove that a receiver had control over property?

A
  • They arranged for it to be delivered to them
  • They intentional exercise control of it
  • Intent to possess must be satisfied
27
Q

What are 5 examples of Conspiring or misleading justice?

A
  • Preventing a witness from giving evidence
  • Threatening or bribing a witness or member of jury
  • Arranging a false alibi
  • Concealing the fact that an offence has been committed
  • Going absent as a witness
28
Q

What is the exception to hearsay rule of Conspiracy?

A
  • Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against other involved. Therefore conspirators should be jointly charged.
29
Q

What is the intent required for a charge of perjury?

A
  • Intent to give false evidence accompanied by an intention to mislead the tribunal.
  • There must be an intent to mislead otherwise no offence is committed.
30
Q

Explain the doctrine of recent possession that applies to receiving and theft?

A
  • The presumption that recently stolen property is, in absence of satisfactory explanation a justified belief that the possessor is the thief or has committed some other offence associated with theft.
31
Q

Explain parties to an offence under S66(2) CA61?

A
  • 2 or more people form a common intention to conduct any unlawful purpose and to assist each other
  • Therefore each of them is a party to every offence committed by any one of the parties.
32
Q

What 3 things must you prove for charge of parties?

A
  • ID of the defendant
  • Offence committed
  • Elements of S66(1) CA61
33
Q

A person is considered wilfully blind in 2 situations. What are these?

A
  • Deliberately shuts their eyes and fails to inquire because they know the answer
  • Means of knowledge are easily at hand and the person realises the likely truth but refrains from inquiring in order to not know
34
Q

Can a person who withdraws from an agreement still be guilty?

A
  • A person who withdraws is still guilty of conspiracy.
  • As are these who become party to it after the agreement was made.
  • A person can withdraw before the agreement was made
35
Q

Explain what a secondary offender is?

A
  • A person who helps the principle offender either before or during the offence.
  • Their liability is in the range of S66(1)(b),(c) or (d)
36
Q

When interviewing a witness about conspiracy what 4 things should be covered?

A
  • ID of people present during the agreement
  • Who made it
  • What offence was planned
  • What acts were carried out to further the purpose
37
Q

What 4 things should be covered in an interview with a suspect for conspiracy?

A
  • An existence of an agreement to commit an offence
  • The intent of those involved
  • ID of all person involved
  • Was anything in writing, said or done to further the common purpose.
38
Q

What are the 2 main points in R v Renata?

A
  • Each offender satisfies the elements of the offence committed
  • They each separately satisfies actus reus.
39
Q

When is an act physically or factually impossible?

A
  • An act is physically or factually impossible if it is an offence but the suspect is unable to commit it due to insufficient means, interruption or other circumstances beyond their control.
40
Q

What is an innocent agent?

A
  • Someone used by the main offender and not aware of their actions.
  • A innocent agent carries no liability and cannot be convicted as secondary party
41
Q

The mens Rea or mental intent for conspiracy is?

A
  • Offender mental intent must be to commit the offence. Where there is no intent no crime has been committed.
42
Q

For the offence of conspiring to defeat the course of justice under S116 CA61 to be committed what does not have to have happened?

A
  • Prosecution does not have to have been pending at the time of the alleged conduct.
43
Q

When is the offence of conspiracy completed?

A
  • When the agreement is made accompanied with the required intent.
44
Q

What is the distinction between “aiding an abetting” and “inciting, counselling and procuring”?

A
  • Aiding and abetting requires the person to be present at the scene before or at the time offence
  • inciting, counselling and procuring actions taken before offence is carried out.
45
Q

What is the principle difference between a party to an offence and an accessory after the fact?

A
  • A party is involved in the offence before or during it

- Accessories are involved after the offence

46
Q

Who may approve a prosecution for perjury to begin?

A
  • It should be recommended by the Courts or directed by the Commissioner. You may start an investigation before hand.
47
Q

What are 2 main points be covered with an offender for perjury?

A
  • They knew the assertion was false

- and intended to mislead the tribunal

48
Q

What is the function of the Judge and jury?

A

Judge - Must decide if the offender left the preparation stage and was trying to complete the offence

Jury - Must decide if the facts presented have been proved beyond reasonable doubt. Then decide if the acts are close to the full offence.

49
Q

Who can apply for restraining orders?

A
  • Only members of the Asset recovery unit
50
Q

How might the involvement of other parties be established?

A
  • Reconstruction shows other parties were involved
  • Main offender says others were involved
  • Witness provides evidence that others were involved
  • Receiving info that others were involved
51
Q

Define what giving evidence is?

A
  • Means to give evidence in a proceeding in one of the three ways
  • Normal way (in person or affidavit)
  • Alternative way (CCTV, DVD or screens)
  • Or in any other way provided under this Act.
52
Q

What is a principle offender?

A
  • Principle offender is liable under S66(1)(a)
  • If they satisfy the actus reus and mens Rea of the offence
  • There can be more than one principle offender
53
Q

When are you not able to charge with an attempt?

A
  • Offence depends on reckless or negligence (manslaughter)
  • Attempt is included in the definition
  • The act has been completed
54
Q

When is an act is legally impossible?

A
  • When the completed act would not be an offence.

- The suspect cannot be convicted of an attempt even when they had criminal intent.

55
Q

How can you prove an offenders intent for conspiracy and who’s responsibility is it?

A
  • It is up to the prosecution prove this beyond reasonable doubt by showing
  • Offender words, actions during or after the event
  • Surrounding circumstances
  • Nature of the act
56
Q

Briefing give examples of each of the following?

  • Receives
  • Comforts
  • Tampers with
  • Actively suppresses
A

Receives - Offering shelter or hiding
Comforts - Providing food or clothing
Tampers with - Changes evidence against the offender
Actively suppresses - Conceals or destroys evidence against the offender

57
Q

What is the imprisonment term for an attempt?

A
  • Half the offence attempted and up to 10 yrs
58
Q

What is significant criminal activity?

A
  • Offence of 5 yrs or more or proceeds are of $30,000 or more
59
Q

There are two questions for the test of proximity. What are they?

A
  • Has the offender done anything more than getting himself into a position to attempt
  • Has the offender actually commenced execution.
60
Q

Under what circumstances can you charge someone as being an accessory after the fact when they have received goods dishonestly obtained?

A
  • If the person has received the goods with a view of helping the offender and enabling them to evade justice.
  • Most receivers purchase for their own gain but when the above is proven an AATF is appropriate charge.
61
Q

What are the 3 phrases of the money laundering cycle?

A
  • Placement = Cash enters the financial system
  • Layering = Money involved in a number of transactions
  • Integration = Money is fixed with unlawful funds with the appearance of legitimacy.
62
Q

What are 3 ways tittle can be avoided?

A
  • Communication directly with the deceiver
  • Take all reasonable steps to bring to their intention
  • Advise Police of the circumstances
63
Q

What is voidable title?

A
  • When an innocent party buys property that has been obtained by deception and before title is avoided the purchaser has brought good title.
64
Q

What is an act?

A
  • To act or do something to bring a result
65
Q

What was held in relation to multiple offenders in R v Reneta?

A

R v Renata

  • 3 offenders beat the victim to death. Prosecution could not prove which blow was the fatal one or who did it.
  • The Courts held that where the main offender could not be identified it was sufficient that each party was the principle offender or party in a way that contemplated S66(1).
66
Q

What are 3 examples of actual proof of assistance?

A
  • Keeping a look out someone committing an offence
  • Providing a screwdriver for someone committing TXC
  • Telling someone neighbours are away, giving them means to commit burglary.
67
Q

What is meant by the term ‘proceeds’ relating to S243 Money Laundering?

A
  • Any property that is derived or realised directly or indirectly by any person from the commission of an offence.
68
Q

How is the term ‘money laundering’ defined?

A
  • Is the process of which income and assets are obtained from criminal activity and are converted or disguised as legitimate income.
69
Q

Where a person is charged with the attempt but the evidence later shows he did in fact commit the full offence. Can he be convicted with the full offence?

A
  • No can only be convicted of the attempt.
70
Q

If someone conspires to commit an offence outside NZ are they liable?

A
  • It is an offence to conspire to commit or do anything in any part of the world that would be an offence in NZ
  • There is a defence if the person can prove the act is not an offence where it was to be committed.

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