Association Offences Case Law Flashcards
Mulcahy v R Conspiracy s310(1) CA
A conspiracy consists in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
R v Betts and Ridley Parties 66(2) CA
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 in it would not be held liable for the violence used.
R v Harpur - (Conduct)
Attempts sec 72 CA
The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”
R v Crooks - (Knowledge)
Accessory after the Fact sec 71 CA
Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient.
R v Briggs - (deliberate abstention)
Accessory after the Fact sec 71 CA
As with a receiving charge under s246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.
R v Mane - What was it about?
Accessory after the Fact sec 71 CA
In R v Mane, the accused was initially charged with being an accessory after the fact to murder, in that it was alleged that he gave assistance to the parties charged with the murder of another.
The assistance alleged was given after the victim had been shot and before the victim had succumbed to his injuries. On reflection the Crown withdrew the charge and was granted leave to substitute a charge under s117(d) Crimes Act 1961 (wilfully attempting to pervert the course of justice).
R v Mane - (considered an accessory)
To be considered an accessory the acts done by the person must be after the completion of the offence.
What are the 6 ‘must know’ case laws?
- Mulcahy v R (Conspiracy)
- R v Betts and Ridley (Parties s66(2))
- R v Harpur - (Conduct, s72)
- R v Crooks - (Knowledge s71)
- R v Briggs - (Deliberate abstention, s71)
- R v Mane - (Considered an accessory, s71)
