Practical Flashcards Preview

Association Offences > Practical > Flashcards

Flashcards in Practical Deck (5)
Loading flashcards...
1

1. When interviewing suspects and witnesses about conspiracy what cover? 

 

 


 

Suspects:


 

  • the existence of anagreement to commit an offence OR
  • the existence of anagreement to omit to do something that would amount to an offence AND
  • the intent of those involved in the agreement
  • the identity of all people concerned if possible
  • whether anything was written, said or done to further the common purpose 

Witnesses:

  • the identity of people present at the time of the agreement  
  • with whom the agreement was made
  • what offence was planned
  • any acts carried out to further the common purpose 

 

2

 

2. What points covered off when interviewing suspect for money laundering?


  • suspects legitimate income 
  • suspects illegitimate income
  • expenditure
  • assets
  • liabilities
  • acquisition of financial records from banks, loansharks, finance companies, family trust documents
  • clarification of documentary evidence located (as above) 

 

3

 

3. Examples of conspiring to mislead to justice?

 


  • preventing a witness from testifying 
  • wilfully going absent as a witness
  • threatening or bribing witnesses
  • concealing the fact an offence has been committed
  • arranging a false alibi
  • supplying false information to probation officers
  • intentionally giving police false information to obstruct their enquiries
  • assisting a wanted person to leave the country
  • threatening or bribing jury members

 

4

 

4. Four points prove money laundering?

 

  • dealing with property or assisting with such dealing
  • source of the property being the proceeds of an offence punishable by 5 yrs imprisonment o rmore committed by another person
  • 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 

 

 

5

 

5. Affidavit required for application outlining?

 

  • o/c details
  • offender details, charges, criminal convictions 
  • search warrant, describe nature of offending discovered at or involving the property (asset) concerned. NOTE: where value of the asset is high need to show that the offending was more of a commercial level
  • admissions made during interview
  • property; describe property sought to be restrained and value and show the offender owns, has custody or control