Short Answers Flashcards Preview

Association Offences > Short Answers > Flashcards

Flashcards in Short Answers Deck (33)
Loading flashcards...
1

1. Define Abets, Aids, Incites and Counsels?

  • Abets - to instigate or encourage, urge another person to commit an offence
  • Aids - assist in commission of the offence either physically or offering advice etc
  • Incites - to rouse, stir up, stimulate or animate or spur or urge on a person to commit an offence
  • Counsels - intentionally instigate the offence by advising or planning for another person

2

2. What proved for a charge of Accessory After The Fact?

 


 

  • that the person who is received, comforted or assisted by the accessory was party (principal or secondary) to an offence that has been committed 
  • that as the time of the receiving, comforting or assisting that person, the accessory knows that person was a party to the offence 
  • that the accessory received, comforted or assisted that person or tampered with or actively suppressed evidence against that person 
  • that at the time of receiving, comforting or assisting etc the accessory’s purpose was to enable that person to escape after arrest or avoid conviction 

 

 

3

3. Held in R v RENATA?

3 offenders beat victim to death in car park tavern, unable to establish which blow was the fatal one or which of the 3 administered it.

Court held that where the principal offender cannot be identified sufficient to prove that each individual accused must have been principal or party in one of the ways contemplated by sec 66(1)

4

4. Held in Section 66(2) CA 61?

  • Where 2 or more persons form common intention to prosecute any unlawful purpose AND
  • to assist each other therein, each of them is a party to every offence committed by any one of them
  • in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

5

5. Definition of tainted property?

Means any property that has wholly or in part been:

  • acquired as a result of significant criminal activity, OR
  • directly or indirectly derived from significant criminal activity, AND
  • includes any property acquired as a result or directly or indirectly derived from more than 1 activity if at least 1 of those activities is a significant criminal activity

6

6. Meaning of unlawful benefit?

A person unlawfully benefited from significant criminal activity if the person has knowingly, directly or indirectly derived a benefit from significant criminal activity (whether or not that person undertook or was involved in the significant criminal activity)

7

7. Doctrine of recent possession?

Applies to theft and receiving and is the presumption that the possession of recently stolen property is, in the absence of a satisfactory explanation, evidence to justify a believe that the possessor is either the thief or has committed some other offence associated with the theft of property. Allows for proof by way of circumstantial evidence

8

8. What intent required to the charge of perjury?

Intent to be proved so as to prove a charge of perjury is the offenders intention to mislead the tribunal holding the judicial proceeding

9

9. Held in R v Donnelly?

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person it is not an offence to subsequently receive it even though the receivers may know that the property had previously been stolen or dishonestly obtained.

10

10. Circumstances is it permitted for lay witness to give opinion evidence (sec 24 EA 06)?

A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate or the fact finder to understand what the witness saw, heard or otherwise perceived, e.g. apparent age, identity, speed, physical and emotional state of people, condition of articles (worn, new, used) and whether person under the influence of drink

11

11. Matters to be considered when interviewing conspiracy suspects and witnesses?

Suspects:

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

12

12. When to lay a conspiracy charge or substantive charge?

Generally conspiracy charges not laid when substantive charge can be proved, undesirable to lay both because:

  • evidence admissible only on the conspiracy charge may have prejudicial effect in relation to other charges
  • judge may disallow the evidence as too prejudicial
  • addition of conspiracy charge may unnecessarily prolong and complicate a trial
  • where charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed
  • severance may be ordered so charging documents heard at separate trials

13

13. Two 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

14

14. Money laundering knowledge and belief?

Must prove the offender had knowledge or belief that the property was the proceeds of any serious offence (5yrs +) or reckless as to whether it was the proceeds of such an offence

15

15. R v LARKINS

While unnecessary that the principal should be aware they are being assisting there must be proof of actual assistance, the mere commission of an act intended to have that affect is insufficient.

Absence of knowledge by the principal that he is being assisted removes a common foundation for a finding of actual assistance, namely that the principal was able to proceed with his enterprise with the additional confidence gained because his accomplice was on the lookout for unwanted interventions.

16

16. Three elements required for receiving?

Three elements required for receiving?

  • there must be property that has been stolen or obtained by an imprisonable offence
  • the accused must have ‘received’ that property which requires that the receiving must be from another
  • the accused must receive that property in the knowledge that is has been stolen or illegally obtained or being reckless as to that possibility

17

17. R v SANDERS

R v SANDERS

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.

18

18. Three matters to prove for attempts?

Three matters to prove for attempts?

  • Intent(mensrea)tocommitanoffence
  • Act (actus reus) that they did or omitted to do something to achieve that end
  • Proximate, that their act or omission was sufficiently close

19

19. Definition of serious offence?

Means an offence punishable by imprisonment for a term of 5 yrs or more and includes any act, wherever committed, that if committed in NZ would constitute an offence punishable by imprisonment for a term of 5 yrs or more

20

20. Interviewing an accessory what knowledge must prove?

  • an offence has been committed AND
  • the person they are assisting was a party (principal or secondary) to that offence AND
  • Knowledge must be at the time assistance given

21

21. Exception to hearsay rule (conspiracy)?

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 hear say rule and as such conspirators should be jointly charged

22

22. Cannot prosecute for attempts when?

  • criminality depends on recklessness or negligence (e.g.manslaughter)
  • an attempt to commit an offence is included within the definition of that offence (e.g.assault)
  • offence is such that the act has to have been completed in order for the offence to exist at all (e.g. demands with menaces)

23

23. Six examples of conspiring or misleading justice?

  • preventing a witness from testifying 
  • threatening or bribing witnesses
  • wilfully going absent as awitness 
  • arranging a false alibi 
  • concealing the fact an offence has been completed
  • threatening or bribing jury members

24

24. When is receiving complete?

The act or receiving an 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

25

25. What must prosecution prove against receiver having control over stolen property?

The prosecution must prove that the receiver arranged for the property to be delivered there, or alternatively that upon discovering the property he or she intentionally exercised control over it. Intent to posses must also be satisfied.

26

26. What must high court satisfy when making a profit forfeiture?

Must satisfy on balance of probabilities that: –

  • the respondent has unlawfully benefited from significant criminalactivity AND
  • therespondenthasinterestsinproperty

27

27. What must occur before criminal proceeds action taken?

A restraining order is first step in the asset seizure process. Application must show reasonable grounds to believe property has been acquired or directly or indirectly derived from significant criminal activity

28

28. Intentional acts a AATF must do?

  • receives
  • comforts
  • assists
  • tampers with evidence
  • actively suppresses evidence

29

29. What constitutes a party?

(1) Everyone is party to and guilty of an offence who:

  • (a) actually committed the offence
  • (b) does or omits an act for the purpose of aiding any person to commit the offence
  • (c) abets any person in the commission of the offence
  • (d) incites, counsels or procures any person to commit the offence

30

30. 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