Association offences - CIB006 (Main one) Flashcards
A person cannot be charged with being an accessory after the fact if?
- They are legally married or in a civil union to the person they assisted. S72
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?
- Neither are liable for conspiracy to murder as no act took place to further the conspiracy inside NZ.
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?
- That Ken arranged for the motor cycle to be delivered there or he intentionally exercised control over them.
When interviewing a suspect about money laundering or where proceeds recovery action is to be considered. What are some things the investigator should consider?
- Suspect legitimate and illegitimate income
- Assets
- Liabilities
To incite a person to commit an offence means?
- To rouse, stir up, urge or spur on
To prove a charge of accessory after the fact you must establish?
- An offence has been committed and the offender knew the person they were assisting was party to an offence.
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?
- 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.
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?
- No offence without a confession there is no evidence to establish perjury.
What are the 4 essentials elements of the offence of fabricating evidence under S113 CA61?
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
What knowledge or belief must you establish before a suspect can be charged with engaging in a money laundering transaction under S243(2) CA61?
- 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.
What was held in the case LARKINS v Police in relation to actual proof of assistance?
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.
What are essential elements required to establish a charge of receiving?
- 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.
What are the 3 key elements that must be proven in a case of an attempt to commit an offence?
- Intent to commit an offence (Mens Rea)
- Did an act that to achieve their intent (Actus Rea)
- Proximity their act was sufficiently close
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?
- 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.
Define the term “offence” as defined in S243 CA61 relating to Money Laundering and Criminal Proceeds Act 09?
- An offence that is punishable under NZ law including ay act wherever committed that would be offence in NZ if committed in NZ
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?
- 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
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
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
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
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
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?
- 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.
What are 4 examples of guilty knowledge in relation to receiving?
- Possession of recently stolen property
- Goods exchanged in usual place and times
- Purchased undervalue goods
- Lack of packaging
In relation to attempts to prove it is sufficiently proximate to the full offence. The offender must have done what?
- 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.
Once an attempted offence is sufficiently proximate it is no defence that?
- 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
What are all the intents to accessory after the fact?
- Escape after arrest
- Avoid Arrest
- Avoid conviction
Before criminal proceeds can be taken what must occur?
- 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
For profit forfeiture what must the High Court be satisfied on with the balance of probabilities?
- Respondent unlawfully benefited from criminal activity and has interest in the property.
How must you prove that a receiver had control over property?
- They arranged for it to be delivered to them
- They intentional exercise control of it
- Intent to possess must be satisfied
What are 5 examples of Conspiring or misleading justice?
- 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
What is the exception to hearsay rule of Conspiracy?
- 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.
