Flashcards in Receiving Deck (21):
How is guilty knowledge proved?
D-denies possession of the property
U-under values price
C-conduct in relation to the property
A-amount and nature of the property
what is voiding?
The owner has recognized his or her property. Has been deceitfully obtained and makes a complaint to the police or contacts whoever obtained it before it is handed on to the 3rd person
What are the admissibility rules for a statements of a CYP?
No statement made by a child or young person is admissible unless
1-Caution rights explained
2-CYP allowed to consult solicitor or nominated person
3-Statement made in the presences made in the presences of a lawyer or nominated person
What is the doctrine of possession?
A legal presumption that the person with the stolen property is either the thief or a dishonest receiver.
What is the punishment for receiving?
$500-$1000 = 1 year
-$500 = 1 month
What is an election?
In category 3 upwards the defendant has a right to choose a judge alone trial or a jury
List some examples of receivers?
2-Professional (Organised offense as business operation)
3-Opportunists (pub sales)
What is hearsay?
Is only possible if a person is not the witness. If the statement is not from the witness it may need to be proved by the statement maker.
How can hearsay be admissible in court?
H-How the statement was taken
N-Nature of the statement
T-Truthfulness of the staement
What are the situations that would mean a witness would be unavailable?
U-Unfit age/physical or mental condition
C-Cannot be located with good due diligence
O-outside New Zealand
When is opinion accepted in court?
M-mental & physical condition
What is propensity evidence?
Tendency to act in a particular manner
What are the notebook rules?
L-leaves torn out
What is meant by contemporaneous notes?
Notes made in close concession to events
When is Robbery complete?
must be an actual threat of violence
must be an intent to steal
Explain attempted robbery or assault with the intent to rob?
If violence is used or threats of violence are made but no property taken
What makes aggravated robbery?
2 or more people
offensive weapon or instrument
When is property no longer property under the criminal liability of receiving?
The property must be part or all of the original form for it to be classified as property.
A boy under 10 years of age steals a watch from a house and then gives it to his father. The father knows that the watch is stolen but decides to keep it. What is the father guilty of and what is the child guilty of?
Father=Theft(uses or deals with)
Son=Not criminally liable due to age
What does pursuant mean?
According to an act