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Association offences (legislation) Flashcards

(48 cards)

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1
Q

Section 137 Criminal Procedure Act 2011 - What is the title?

A

Proceedings against parties to offences, accessories and receivers

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2
Q

What does Section 137(1) Criminal Procedure Act 2011 state? (Clue: who does it apply to)

A

(1) This section applies to every person charged -
(a) as a party to an offence (not being the person who actually committed it); or
(b) With being an accessory after the fact to any offence; or
(c) With receiving property knowing it to have been stolen or dishonestly obtained.

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3
Q

What does Section 137(2) Criminal Procedure Act 2011 state?

A

(2) Every person to whom sub (1) applies may be proceeded against and convicted for the offence whether or not the principal offender or any other party to the offence or the person by whom the property was obtained has been proceeded against or convicted.

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4
Q

What does Section 137(3) Criminal Procedure Act 2011 state?

A

(3) Every person to whom sub (1) applies may be proceeded against and convicted-
(a) alone as for a substantive offence; or
(b) Jointly with the principal or other offender or person by whom the property was stolen or dishonestly obtained

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5
Q

What does Section 137(4) Criminal Procedure Act 2011 state?

A

(4) IF any property has been stolen or dishonestly obtained, any number of receivers at different times of that property, or of any part or parts of it, may be charged with substantive offences, and may be tried together.

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6
Q

Section 310 Crimes Act 1961 - What is the title?

A

Conspiracy

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7
Q

What is the act and section for conspiracy?

A

Section 310 Crimes Act 1961

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8
Q

What are the elements for conspiracy?

A

Anyone who
Conspires
With another person
To commit an offence OR
To do or omit, in any part of the world
Anything the doing of which if done or omitted in NZ would be an offence

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9
Q

Section 66 Crimes Act 1961 - what is the title?

A

Parties to

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10
Q

What is the act and section for “Parties to” ?

A

Section 66 Crimes Act 1961

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11
Q

What are the elements of parties to Section 66(1)?

A

Everyone who
(a) Actually commits the offence
(b) Does or omits an act for the purpose of aiding any person to commit the offence
(c) Abets any person in the commission of the offence
(d) Incites, counsels or procures any person to commit the offence

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12
Q

What is stated under Parties to Section 66(2)?

A

Where two or more persons form a comon intention to prosecute any unlawful purpose and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was a known consequence of the prosecution of the common purpose.

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13
Q

What is the title of Section 70 Crimes Act 1961?

A

Offence committed other than the offence intended

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14
Q

Offence committed other than the offence intended act and section?

A

Section 70 Crimes Act 1961

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15
Q

What are the elements of Section 70(1) Crimes Act 1961 being Offences other than the offence intended?

A

Everyone who
Incites, counsels or procures another
To be a party to an offence
Of which that other is afterwards guilty
Is a party to that offence
Although it may have been committed in a way that is different from that which was incited, counselled or suggested.

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16
Q

What are the elements of Section 70(2) Crimes Act 1961 being Offences other than the offence intended?

A

Everyone who
Incites, counsels or procures another
To be party to an offence
Is party to every offence which that other commits in consequence of such inciting, counselling or procuring AND
Which the first mentioned person knew to be likely to be committed in consequence thereof

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17
Q

What is the title of Section 71 Crimes Act 1961 ?

A

Accessory after the fact

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18
Q

Accessory after the fact - act and section

A

Section 71 Crimes Act 1961

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19
Q

What are the elements of “accessory after the fact” under Section 71(1) Crimes Act 1961

A

Anyone who
Knowing any person to have been a party to the offence
Receives, comforts or assists that person OR
Tampers with or actively suppresses any evidence against him
In order to enable him to escape after arrest or to avoid arrest or conviction

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20
Q

Perjury act and section

Study These Flashcards
A

Section 109(1) Crimes Act 1961

21
Q

Section 109(1) Crimes Act 1961

Study These Flashcards
A

Perjury and sentance

22
Q

What are the elements for perjury?

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A

Everyone who
Commits perjury

23
Q

Section 110 Crimes Act 1961 - What is the title?

24
Q

False oaths - act and section

Study These Flashcards
A

Section 110 Crimes Act 1961

25
What are the elements of "False oaths" under Section 110 Crimes Act 1961
Everyone who Being required or authorised by law to make any statement On oath or affirmation Thereupon makes a statement which would amount to perjury if made in a judicial proceeding
26
Section 111 Crimes Act 1961 - What is the title ?
False statements
27
False statements - what is the act and section ?
111 Crimes Act 1961
28
What are the elements of "False statements" under Section 111 Crimes Act 1961 ?
Everyone who On occassion on which he is required or permitted by law to make a statement or declaration Before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such a notary Makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding
29
Section 113 Crimes Act 1961 - what is the title?
Fabricating evidence
30
Fabricating evidence - what is the act and section ?
Section 113 Crimes Act 1961
31
What are the elements of "Fabricating evidence" under section 113 Crimes Act 1961?
Everyone who With intent to mislead any tribunal holding a judicial proceeding to which Section 108 applies Fabricates evidence By any means other than perjury.
32
Section 116 Crimes Act 1961 - what is the title?
Conspiring to defeat justice
33
Conspiring to defeat justice, act and section?
Section 116 Crimes Act 1961
34
What are the elements of "Conspiring to defeat justice" under Section 116 crimes act 1961?
Everyone who Conspires To obstruct, prevent, pervert or defeat The course of justice
35
Section 117 Crimes Act 1961 - what is the title?
Corrupting juries and witnesses
36
Corrupting juries and witnesses - what is the act and section?
Section 117 Crimes Act 1961
37
Section 117(a) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?
Everyone who Dissuades or attempts to dissuade any person By threats, bribes or other corrupt means From giving evidence in any cause or matter (whether civil or criminal) Whether tried or to be tried in NZ or in an overseas jurisdiction
38
Section 117(b) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?
Everyone who Influences or attempts to influence By threats or bribes or other corrupt means A member of a jury in his / her conduct as such Whether the cause or matter is tried or to be tried in NZ and Whether the member has been sworn in as a member of a particular jury or not
39
Section 117(c) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?
Everyone who Accepts any bribe or other corrupt consideration To abstain from giving evidence Whether in a cause or matter tried or to be tried in NZ or an overseas jurisdiction
40
Section 117(d) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?
Everyone who Accepts any bribe or other corrupt consideration On account of his or her conduct as a member of the jruy Whether in a cause or matter tried or to be tried in NZ or in an overseas jurisdiction and Whether the member has been sworn as a member of a particular jury or not
41
Section 117(e) Crimes Act 1961 - Corrupting juries and witnesses - what are the elements?
Everyone who Wilfully attempts in any other way To obstruct, prevent, pervert or defeat The course of justice in NZ or the course of justice in an overseas jurisdiction
42
What is the act and section for receiving?
Section 246(1) Crimes Act 1961
43
Section 246(1) Crimes Act 1961 - what is the title?
Receiving
44
Section 246(1) Crimes Act 1961 - Receiving - What are the elements?
Everyone who Receives Any property stolen or obtained by any other imprisonable offence Knowing that property to have been stolen or so obtained OR Being reckless as to whether or not the property had been stolen or so obtained
45
What is the act and section for Money Laundering?
Section 243 Crimes Act 1961
46
Section 243 Crimes Act 1961 - what is the title?
Money laundering
47
Section 243(2) Crimes Act 1961 - Money Laundering - what are the elements?
Everyone who In respect of any property that is the proceeds of an offence Engages in a money laundering transaction Knowing or believing that all or part of the property is the proceeds of an offence OR Being reckless as to whether or not the property is the proceeds of an offence
48
Section 243(3) Crimes Act 1961 - Money Laundering - what are the elements?
Everyone who Obtains or has in his possession Any property Being property that is the proceeds of an offence committed by another person With intent to engage in a money laundering transaction in respect of that property AND Knowing or believing that all or part of the property is proceeds of an offence OR Being reckless as to whether or not the property is the proceeds of an offence

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