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CIB006 - Associations > Must Know > Flashcards

Must Know Flashcards

(47 cards)

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1
Q

What is a conspiracy?

A

An agreement between 2 or more people to commit an offence

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2
Q

When is conspiracy complete?

A

The offence is complete on the agreement being made with the required intent, does not need to have discussion or decision on how they will commit the act. A simple verbal agreement will suffice

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3
Q

What intent is required to prove a conspiracy charge?

A
  • an intention of those involved to agree
  • an intention that the relevant course of conduct should be pursued by those party to the agreement
  • intent to commit the full offence
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4
Q

Things to cover in a WITNESS statement to conspiracy:

A
  1. The identity of the people present at the time of agreement
  2. With whom the agreement was made
  3. What offence was planned
  4. Any acts carried out to further the common purpose
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5
Q

Things to cover when interviewing a Suspect of Conspiracy:

A
  1. The existence of an agreement to commit an offence

OR

  1. The existence of an agreement to omit it do something that would amount to an offence

AND

  1. The intent of those involved in the agreement
  2. The identity of all people concerned where possible
  3. Whether anything was written, said or done to further the common purpose
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6
Q

What are the 3 elements for an attempted offence?

A
  1. Intent (mens rea) to commit the offence
  2. Act (acts reus) that they did or omitted to do something to achieve the end result
  3. Proximity that their act or omission was sufficiently close
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7
Q

Questions to ask for proximity

A
  • Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?
  • has the offender actually commenced execution that is to say has he taken a step in the actual crime itself?
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8
Q

What is NOT a defence when the defendant is sufficiently proximate?

A
  • Prevented by outside agent eg Police
  • failed due to ineptitude, inefficiency or insufficient means eg insufficient explosives
  • prevented from committing offence due to physically impossible eg. Removal of property before intended theft
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9
Q

What is the function of the judge and jury for an attempt?

A
  1. If the Judge decides the defendants actions were more than mere preparation, the case goes to jury
  2. If the jury decides if the defendant’s actions were close enough to the full offence.
  3. Jury must be convinced beyond reasonable doubt that the defendant intended to commit the full offence
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10
Q

What is the penalty for an attempt?

A

If the attempted offence is punishable by life imprisonment = term not exceeding 10 years

Any other attempted offence = no more than half of what the full offence would carry

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11
Q

What must you prove in each case of attempt?

A
  • ID of suspect
  • they intended to commit an offence
  • they did or omitted to do something to achieve their objective
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12
Q

Circumstances to consider in each case for determining proximity;

A
  • consideration of fact
  • degree
  • common sense
  • seriousness of offence
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13
Q

What must you prove for a party to an offence?

A
  • ID of suspect
  • an offence has been successfully committed
  • the elements of the offence (s66(1)) have been satisfied
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14
Q

What is a principal offender?

A

Person who commits the offence

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15
Q

What is a secondary party to an offence?

A

People who provide assistance, abetment, incitement, counselling or procurement to the principal offender

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16
Q

Define Abets

A

To instigate, encourage or urge another person to commit the offence

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17
Q

Define Incite

A

To rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence

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18
Q

Define counsels

A

To intentionally instigate the offence by advising a person on how best to commit an offence or planning the offence for another person

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19
Q

Define procures

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A

Setting out to see that something happens and taking the appropriate steps to ensure it does

20
Q

Explain section 66(2), Crimes Act 1961

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A

Where 2 or more people form a common intention to commit an offence, offences that arise during the act that are similar both can be charged with that unplanned offence.

21
Q

What reasons would a person be charged as a party to murder?

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A
  • intentionally helped or encouraged it OR
  • foresaw murder by a confederate as a real risk in the situation that arise
22
Q

What reasons would a person be charged as a party to manslaughter?

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A
  • knew that at some stage there was a real risk of killing short of murder OR
  • foresaw a real risk of murder but the killing occurred in circumstances different from those contemplated or
  • can be expected to have known there was an ever-present real risk of killing
23
Q

What is an innocent agent?

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A

Someone who is unaware of the significance of their actions.

24
Q

How to establish parties involved in an offence

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A
  • a reconstruction of the offence committed
  • the principal offender acknowledged or admitted that others were involved
  • a suspect or witness admitting to providing aid or assistance when interviewed
  • receiving information indicating others were involved
25
What is the distinction between 'aiding & abetting' and 'inciting, counselling and procuring'?
Aiding and abetting requires the aider or abetter to be present at the scene before or at the time of the offence. Incites, counselling or procuring describes the actions taken before the offence was carried out
26
What needs to be proved for accessory after the fact?
- person who is received, comforted or assisted is a party to an offence committed - at the time of receiving, comforting or assisting they knew the person was party to an offence - that the person tampered or actively suppressed any evidence - that the time of the help, their purpose was to enable that person to escape after arrest, avoid arrest or conviction 8
27
Conspiracy Section 310, Crimes Act 1961
Conspires With any person To commit an offence OR Do or omit in any part of the world Anything of which the doing or omission in NZ would be an offence
28
Attempts Section 72, Crimes Act 1961
Everyone who Having intent to commit an offence Does or omits an act for the purpose of accomplishing his objective Is guilty of an attempt to commit the offence intended Whether in the circumstances it was possible to commit the offence or not
29
What are the 4 points required to prove money laundering?
1. Dealing with property or assisting with such dealing 2. Source of the property being processed of an offence punishable by 5 years or more 3. Committed by another person 4. Knowledge or belief that the property was the proceeds of such an offence or recklessness as to whether it was the proceeds of such a offence, an intention to conceal the property
30
In a civil process; what must the crown prove for seizure of assets?
Balance of probabilities
31
Circumstances to consider in each case for determine proximity?
Consideration of the fact Degree Common sense Seriousness of offence
32
Parties to Section 66(1) (a)(b)(c)(d)
Everyone who (a) 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 a person to commit the offence
33
Accessory after the fact Section 71, CA 1961
Any person 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 or her In order to enable him to avoid arrest, escape or avoid conviction
34
Mulcahy V R
A conspiracy consists not merely in the intention of two or more but in the agreement if two or more to do an unlawful act by unlawful means
35
R V Sanders
A conspiracy does not end with the making of the agreement. The conspirational agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment
36
R V White
Can still convict where you can prove a suspect conspired with other parties (one or more people) whose identities are unknown
37
What are the 4 points required to prove money laundering?
1. Dealing with property or assisting with such dealing 2. Source of the property being the proceeds of an offence punishable by 5 years imprisonment or more 3. Committed by another person 4. Knowledge or belief that the property was the proceeds of such an offence or recklessness as to whether it was the proceeds of such an offence, an intention to conceal the property
38
Circumstances commonly relied on as evidence of guilty knowledge for receiving;
- nature of the property - purchase at a gross undervalue - getting goods at an unusual place, time or way - removal of serial numbers - type of person goods received from
39
Belief
Belief is essentially a subjective feeling regarding the validity of an idea or set of facts. Having faith in an idea or formulating a conclusion
40
Money Laundering S243(2), CA 1961
- in respect of any property that is the proceeds of an offence - engages in money laundering transaction - knowing or believing that all or part of the property is the proceeds of an offence OR - being reckless as fo whether or not the property is the proceeds of an offence
41
R V Lucinsky
The property received must be stolen or illegally obtained and not some other items for which the illegally obtained had been exchanged for or for which are the proceeds
42
Tampers with
Tampers means to alter the evidence against the offender
43
Actively suppresses
Actively suppresses evidence encompasses the acts of concealing or destroying evidence against an offender
44
Receives, comforts or 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
45
R V Donnelly
Must be legally possible - if the accused receives legal title or the property is returned to owner and later sold they cannot be charged with receiving. Even if the receiver may know the property to be stolen or dishonestly obtained
46
Aids
Does
47
What are 2 essential ingredients for fabricating evidence
- intent to mislead any tribunal holding a judicial proceeding to which section 108 applies - fabricates evidence by means other than perjury

CIB006 - Associations (8 decks)

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