Definitions

Question 1

Abets

Answer 1

Abets

Means to instigate the crime, or to encourage the offender.

Question 2

Aids

Answer 2

Aids

Means to help person commit the crime, gives advice or information. Person proved circumstantially. Gender neutral.

Question 3

An imprisonable offence

Answer 3

An imprisonable offence

Normal meaning – any offence punishable by a term of imprisonment

Question 4

Conceal

Answer 4

Conceal - Section 243(1), Crimes Act 1961

In relation to property means to conceal or disguise.

Question 5

Conspires (Conspiracy s310(1) CA61)

Answer 5

Conspires

• The conspiratorial agreement requires the operation of both the physical and mental faculties.
• The actus reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.
• The mens rea (mental intent) necessary for a conspiracy is: • 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.

Question 6

Counsels

Answer 6

Counsels

To intentionally instigate crime, to give advice or plan offence.

Question 7

Does or Omits Act

Answer 7

Does/Omits physical act (Actus reus) to facilitate the commission of a crime.

Question 8

Engages in a Money Laundering transaction

Answer 8

Section 243(4), Crimes Act 1961

Offender deals with the property for the purpose of concealing it. Can be for self or another.

Question 9

Constructive Possession (Receiving s246 CA61)

Answer 9

Constructive Possession

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

Question 10

Guilty knowledge (money laundering)

Answer 10

Guilty knowledge

Guilty knowledge must exist at the time of laundering the property

Question 11

Incites

Answer 11

Incites

To rouse, stimulate, urge on, animate or stir up offender.

Question 12

Intent

Answer 12

Intent

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 13

Escape/Arrest/Conviction (AAF 71(1) CA61)

Answer 13

Escape/Arrest/Conviction

All have the normal meanings. Actions taken must be intended to assist the person to evade justice.

Question 14

Knowing (AAF 71(1) CA61)

Answer 14

Knowing

The accused must have knowledge that the person that they are being an accessory to was party to an offence at the time of assisting them.

Question 15

Offence (Conspiracy s310(1) CA61)

Answer 15

Offence

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.

Question 16

Assist after arrest (AAF 71(1) CA61)

Answer 16

Assist after arrest

The act must have specifically assisted the offender after they had been arrested.

Question 17

Offence physically possibly or not

Answer 17

Completion of full offence may be physically impossible, but person can be charged with attempt

Question 18

Party (AAF 71(1) CA61)

Answer 18

Party – Section 66(1) Crimes Act 1961

(1) Everyone is 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.

Question 19

Person (Conspiracy s310(1) CA61) & (AAF 71(1) CA61)

Answer 19

Person

Gender neutral, proven by judicial note or circumstantial evidence.

Between 2 or more persons - person cannot conspire alone, there must be another conspiritor for an offence to be committed.

Question 20

Offence (Conspiracy s310(1) CA61)

Answer 20

Offence

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories. A person charged with being an accessory after the fact is entitled to assist on proof of the principal crime and to challenge the evidence of it even if the principal offender has pleaded guilty.

Question 21

Possession (Receiving s246 CA61)

Answer 21

Possession

Possession may be actual or constructive.

Question 22

Obtain

Answer 22

Obtain - Section 217 Crimes Act 1961

In relation to any person means obtain or retain for him/her self or for any other person.

Question 23

Receives/Comforts/Assists (AAF 71(1) CA61)

Answer 23

Receives/Comforts/Assists

The accused does a deliberate act for the purpose of assisting the person to evade justice. The act done must actually help the person in some way.

Question 24

Receiving (Receiving s246 CA61)

Answer 24

Receiving - Section 246(3), Crimes Act 1961

The act of receiving any property stolen or obtained by another crime is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of or control over the property or helps in the concealing or disposing of the property.

Question 25

Property (Receiving s246 CA61)

Answer 25

**Property - Section 2, Crimes Act 1961** Includes any real or personal property. Any estate or interest in any real or personal property. Anything in action. Any other right of interest. **(Money laundering only):** Property not restricted to cash and can be all or part of a serious crime. A serious offence is punishable by 5 years or more imprisonment.

Question 26

Recklessness (Receiving s246 CA61)

Answer 26

**Recklessness** Consciously and deliberately taking an unjustifiable risk.

Question 27

Serious Offence

Answer 27

**Serious Offence - Section 243(1) , Crimes Act 1961** Offence punishable by 5 years or more imprisonment.

Question 28

Actual Possession (Receiving s246 CA61)

Answer 28

**Actual Possession** Actual possession arises where the thing in question is in a person's physical custody; it is on or about their person, or immediately at hand.

Question 29

Stolen

Answer 29

**Stolen - Sec.219(1), Crime Act 1961** Dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property.

Question 30

Sufficiently proximate

Answer 30

Must be close to full offence. Beyond mere preparation. Issue of proximity a question of law.

Question 31

Tampers with or actively suppresses any evidence (AAF 71(1) CA61)

Answer 31

**Tampers with or actively suppresses any evidence** Must do a deliberate act in relation to evidence against offender for purpose of assisting person evade justice. The act must actually help the person.

Question 32

Value of the property (Receiving s246 CA61)

Answer 32

**Value of the property** The property value is essential to the sentence as per section 247, CA 1961.

Question 33

In order to (AAF 71(1) CA61)

Answer 33

In order to There must be the required intention or purpose to assist the party, mere knowledge that the actions may assist them is insufficient.