Liabilities

Question 1

Conspiracy

Answer 1

Section 310(1) CA61  
1. Conspires
2. With any person
3. To commit any offence 
OR
To do or omit, in any part of the world,
4. Anything of which the doing or omission in New Zealand would be an offence.

Mulcahy v R
R v Sanders
R v White

Question 2

Parties (1)

Answer 2

Section 66(1) CA61

(1) Every one is a party to and guilty of an offence who-
(a) Actually 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 any person to commit the offence.

1. R v Pene
2. R v Renata
3. Larkins v Police
4. Ashton v Police
5. R v Russell
6. R v Betts and Ridley

Question 3

Accessory After the Fact

Answer 3

Section 72(1) CA61  
1) Knowing any person to be a party to an offence

2) Receives, comforts or assists that person
OR
Tampers with or actively suppresses any evidence against him or her

3) In order to help him or her to escape after arrest
OR
to avoid arrest or conviction.

R v Crooks
R v Briggs
R v Mane
R v Gibbs
R v Levy

Question 4

Perjury

Answer 4

Section 108 CA61

1. A witness making any
2. Assertion as to any matter of fact, opinion, belief, or knowledge
3. In any judicial proceeding
4. Forming part of that witness’s evidence on oath
5. Known by that witness to be false, and
6. Intended to mislead the tribunal

Question 5

Receiving

Answer 5

Section 246(1) CA61

1. Receives
2. Any property stolen or
3. Obtained by any other imprisonable offence
4. Knowing the property to be stolen or so obtained or
5. Being reckless whether or not the property had been stolen or so obtained

R v Lucinsky
R v Harney
R v Donnelly
R v Cox
Cullen v R

Question 6

Money Laundering

Answer 6

Section 243(2) CA61
1. In respect of any property that is the proceeds of an offence.
2. Engages in a money laundering transaction
3. Knowing or believing that all or part of the property is the proceeds of an offence
OR
Being reckless as to
whether or not the property is the proceeds of an offence