Association

Question 1

Caselaw

Mulcahy v R

Answer 1

A conspiracy is not just an intention but an agreement by two or more to do an unlawful act.

Question 1

Caselaw

R v Sanders

Answer 1

A conspiracy does not end with the making of the agreement. It conitnues until it is ended by completion or discharged.

Question 2

Caselaw

R v White

Answer 2

When you can prove that a suspect conspired with others, he can still be convicted even if they are not identified.

Question 3

Elements of Conspiracy?

Answer 3

S310 Crimes Act 1961

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

Question 4

Penalty for Conspiracy

Answer 4

7 years for an offence greater than 7 years.

Same penalty for offences less than 7 years

Question 5

What needs to be covered when interviewing conspiracy suspects?

Answer 5

Establish:
1. The existance of agreement to do an act OR
2. The existance of an agreement to omit something
3. The intent behind the agreement
4. The identity of all involved.
5. Whether there was anything written, said or done

DOIIW

Question 6

Is it an offence to form a conspiracy in NZ to commit a crime in another country?

Answer 6

Yes, provided that it is an offence in that country.

Question 7

Can you charge a conspirator based solely on the statement of a co-conspirator?

Answer 7

No, there must be independent evidence in order to admit their statement.

Question 8

Can you charge someone with conspiracy after they have completed the substantial offence (and you have evidence of this)?

Answer 8

Yes you can but it should be avoided unless the substantial offence does not capture the total criminality of the offence.

Question 9

Caselaw

R v Ring

Answer 9

You can be charged with an attempt even if it was physically impossible to complete the offence.

Question 10

Caselaw

R v Harpur

Answer 10

The court may have regard to the conduct viewed culmatively until it stops. What remains to be done is always relevant.

Question 11

Caselaw

Higgins v Police

Answer 11

Where plants being cultivated as cannabis are not cannabis, it is physically but not legally impossible to cultivate a prohibited plant. This is attempting to cultivate cannabis.

Physical impossibility

Question 12

Caselaw

Police v Jay

Answer 12

A man bought hedge clippings believing they were cannabis.

Physical impossibility

Question 13

Caselaw

R v Donnelly

Answer 13

Where stolen propertyhas been returned to the owner, it is not an offence to subsequently receive it.

Legal impossibility

Question 14

What three things must you demonstrate to prove an attempt?

Answer 14

1. Identity of suspect
2. Intent to commit offence
3. That they did an act or omission to achieve the objective.

Question 15

Is proximity a question of fact or law?

Answer 15

Law.

Question 16

Caselaw

R v Pene

Answer 16

A party must intentionally help or encourage. It is insufficient if they were reckless as to whether the principal was assisted or encouraged.

Question 17

What are the two methods by which multiple offenders may be considered principals?

Answer 17

1. Each offender satisfies elements of the offence.
2. Each offender seperately satisfies part of the actus reus

Question 18

Caselaw

R v Renata

Answer 18

When a principal offender cannot be identified, it is sufficient to prove that each individual must have been a party or principal.

Question 19

Caselaw

Larkins v Police

Answer 19

While it is unnecessary for the principal to be aware of assistance, there must be proof of actual assistance.

Question 20

Caselaw

Ashton v Police

Answer 20

An example of secondary party who owes a legal duty to a third person is a person teaching another person to drive.

Question 21

Caselaw

R v Russell

Answer 21

The court held that the accused was morally bound to take active steps to prevent an offence, but by his deliberate absention from doing so, and by giving authority through his presence, he became an aider and abettor.

Question 22

What does incite mean?

Answer 22

To rouse, stir up, urge or spur a person into committing an offence.

Question 23

What does Counsel mean?

Answer 23

To instigate the offence by discussing the best way of committing it or to urge them to do it (overlaps with incitement).

Question 23

What does procures mean?

Answer 23

Setting out to see that something happens and ensuring that it does.

Question 24

R v Betts and Ridley

Answer 24

An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part would not be liable for the violence used.