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Flashcards in Liabilities Deck (8)
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1
Q

ACCESSORY AFTER THE FACT (L)

A

ACCESSORY AFTER THE FACT s71(1) CA 61

**- **7yrs if life/5 yrs if 10+/1/2 all else **

  1. 1 Knowing any person to be a party to an offence
    * Knowing
    * SIMESTER & BROOKBANKS: Principles of Criminal Law
    * R v CROOKS
    * R v BRIGGS
    * Person
    * Party – Section 66(1) CA61
    * **Offence – **
  2. 2 Receives, comforts or assists that person _OR _Tampers with or actively suppresses any evidence
    * Receives / Comforts or Assists

OR

  • Tampers with or actively suppresses any evidence
    1. 3 In order to enable him to escape after arrest _OR _Avoid arrest or conviction
  • Enable after arrest
  • R v MANE

OR

  • Escape/Arrest/Conviction
2
Q

CONSPIRACY (L)

A

CONSPIRACY s310(1) CA 61 -** 7yrs **

  1. 1 Conspires
    * Conspires
    * R v MULCAHY
    * R V SANDERS
  2. 2 With any person
  • Person
  • Between two or more persons
  • s67 CA61
  • R V WHITE

1.3 To commit any offence

  • Offence
  • CHURCHILL v WALTON
3
Q

RECEIVING (L)

A

**RECEIVING s246 CA 61 - 7yrs/1yr/3 mth **

  1. 1 Receives
    * Receiving - s246(3) CA61
    * Possession
    * **Actual Possession **
    * WARNER v METROPOLITION POLICE COMMISSIONER
    * **Constructive Possession **
    * *SULLIVAN v EARL OF CAITHNESS *
    * R v DONNELLY
  2. 2 Any property
    * Property - s2 CA61
    * R v LUCINSKY
  3. 3 Stolen _OR _Obtained by any other imprisonable offence
    * Stolen - s219(1) CA61

OR

  • Obtains - s217 CA61
  • An imprisonable offence
    1. 4 Knowing that property to have been stolen or so obtained _OR _Being reckless as to whether or not the property has been stolen or so obtained
  • SIMESTER & BROOKBANKS: Principals of Criminal Law
  • *R V KENNEDY *
  • Property - s2 CA61

OR

  • Recklessness
  • R v HARNEY
  • Value of the property
4
Q

MONEY LAUNDERING

A

MONEY LAUNDERING s243(2) CA61 - 7 yrs

  1. 1 Obtains or has in his or her possession
    * Obtain - s217 CA61
    * Possession
    * **Actual Possession **
    * WARNER v METROPOLITION POLICE COMMISSIONER
    * **Constructive Possession **
    * *SULLIVAN V EARL OF CAITHNESS *
  2. 2 Any property (being property that is the proceeds of a serious offence committed by another person)
    * Property - s2 CA61
    * Serious Offence - s243(1) CA61
    * Offence
    * R v ALLISON
  3. 3 With intent to engage in a money laundering transaction in respect of that property
    * s243(4) CA61
    * Conceal - s243(1) CA61
    * R v WALLACE
    * R v LIAVA’A
  4. 4 Knowing, believing or reckless that all or part of the property are the proceeds of a serious offence
    * **Guilty knowledge **
5
Q

ATTEMPTS

A

ATTEMPTS s72(1) C.A.61 - 1/2 full offence

1.1 With intent to commit an offence

  • Intent
  • R v MOHAN
  • R v WAAKA
  • Offence – Section 2, Crimes Act 1961
  • R v DONNELLY
  • ​*
    1. 2 Does or omits an act
  • Must have made a physical Act/omission toward completion of full offence
    1. 3 Offence physically possibly or not
  • Completion of full offence
  • *R v RING *
  • POLICE v JAY
  • ​*1.4 Sufficiently proximate
  • Must be close to full offence
    1. 5 To full offence
  • Offence – Section 2, Crimes Act 1961
6
Q

PARTIES TO OFFENCE (b)

A

PARTIES TO OFFENCE s66 (1)(b) C.A.61 - OFFENCE PENALTY

1.1 Does or Omits Act

  • **Does/Omits **
  • R v RAM

1.2 For purpose of aiding any person

  • Aids
  • LARKINS v POLICE
  • R v RUSSELL
  1. 3 To commit the offence
    * Offence -Section 2 Crimes Act 1961
7
Q

PARTIES TO OFFENCE (c)

A

1.1 Abets

  • Abets
  • LARKINS v POLICE
  • R v RUSSELL
  1. 2 Any person
    * Person
  2. 3 In the commission of an offence
    * Offence -Section 2 Crimes Act 1961
8
Q

PARTIES TO OFFENCE (d)

A

PARTIES TO OFFENCE s66 (1)(d) C.A.61 OFFENCE PENALTY

1.1 Incites _OR _Counsels OR** **Procures

  • Incites
  • Counsel
  • Procures
  • *R v BAKER *
  • R v PATERSON
  1. 2 Any person
    * Person
  2. 3 To commit the offence
    * Offence -Section 2 Crimes Act 1961