MCQ Flashcards
Matt gets angry at his mechanic and takes a swing at his face but misses. What can Matt be charged with?
Assault
When is a party’s offence committed?
Before or during the offence
Definition of interest in crimes act?
Legal or equitable estate or interest in the property
Matt released from prison, discusses burglary which Jeff and John, he does not agree, Jeff and John caught waiting for shop to close, what can Matt be charged with?
Matt should not be charged with conspiracy as he did not agree.
Todd and Jeff plan to kill cows for cash. Todd shoots and gives it to Jeff who sells it and gives Todd 30%, what charges can be laid?
Both parties to theft
Security guard decides to burgle his work place, drives to work and checks alarm so he can burgle it later.
His actions are mere preparation.
Matt committed a crime, goes to his girlfriend and tells her, she receives him and hides him from Police, what is she liable for?
Accessory after the fact
When can a charge of perjury commence?
When directed by Courts or directed by the Police Commissioner
Police sergeant watching Constables assaulting prisoner?
Liable as secondary party to the assault
Unlawful benefitting from significant criminal activity?
Unlawful as soon as receive cash from purchases; how deal with cash irrelevant
Who can complete restraint applications?
Only members of asset recovery units may apply for restraining orders etc
Guy kills someone, lies to flatmate and asks her to get rid of clothes, she throws away the clothes, next day he comes clean and tells her the truth?
Cannot charge with accessory after the fact or party to (lack of knowledge or intent)
Withdrawing from an agreement?
A person withdrawing from the agreement is still guilty of conspiracy as are those who become party to the agreement after it has been made.
However a person can effectively withdraw before the actual agreement is made
When act physically or factually impossible?
R v Ring (hand in pockets), Higgins v Police (cultivates plants, thinks it cannabis) Police v Jay (hedge clippings believed to be cannabis)
Exception to hearsay rule (conspiracy)?
The intention, of the parties involved, to actually carry out the offence is an essential element to a conspiracy charge. There must be a common aim to commit some offence and an intention that the aim is to be effected.
Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, this being an exception to the hearsay rule and as such conspirators should be jointly charged.
However, this does not include explanations made after the common purpose is carried out. Then, the explanation is evidence only against the person making it.
When can you not prosecute for attempts?
Criminally depends on recklessness or negligence, eg manslaughter
An attempt to commit an offence is included within the definition of that offence, eg - assault
Offence is such that the act has to have been completed in order for the offence to exist at all, eg - demands with menace
6 examples of perverting or misleading justice?
Preventing a witness from testifying
Wilfully going absent as a witness
Arranging a false alibi
Concealing the fact that an offence has been completed
Threatening or bribing Jury members
Aiding witness to leave country
When is receiving complete?
The act of receiving of property stolen or obtained by any other crime is complete as soon as the offender has either exclusively or jointly with the thief or some other person, possession of or control over the property or helps in concealing or disposing of the property
What must the Prosecution prove against a receiver having control over stolen property?
The prosecution must prove that the receiver arranged for the property to be delivered there, or alternatively upon discovering the property he or she intentionally exercised control over it. Intent to possess must also be satisfied.
What must the High court satisfy when making a profit forfeiture?
Must satisfy on balance of probabilities that:
The respondent has unlawfully benefitted from significant criminal activity, and
The respondent has interest in property.
What must occur before criminal proceeds action is taken?
A restraining order is the first step in the asset seizure process. Application must show reasonable grounds to believe property has been acquired, directly or indirectly derived from significant criminal activity.
Intentional acts the accessory (AATF) must do?
Receives
Comforts
Assists
Tampers with evidence
Actively suppressed evidence
What constitutes a party?
Everyone is party to and guilty of an offence who:
Actually committed the offence
Does or omits an act for the purpose of aiding any person to commit the offence
Abets any person in the commission of the offence
Incites, counsels or procures any person to commit the offence
Mental intent for conspiracy?
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
Intent to commit the full offence
