Association Offences Module - Case Law Flashcards
What was held in Mulcahy v R in relation to conspiracy?
“A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
What was held in R v Sanders in relation to conspiracy?
“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”.
What was held in R v Collister?
Circumstantial evidence from which an offender’s intent may be inferred can include:
- The offender’s actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
What was held in R v White in relation to conspiracy?
Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
What was held in Poynter v Commerce Commission?
New Zealand courts had no jurisdiction over a conspirator who enters into the conspiracy abroad and who never comes to New Zealand.
What was held in R v Ring in relation to attempts?
In this case the offender’s intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.
What was held in R v Harpur?
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.
What was held in Higgins v Police?
Where plants being cultivated as cannabis are not in fact cannabis it is physically, not legally, impossible to cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis.
What was held in Police v Jay?
A man bought hedge clippings believing they were cannabis.
What was held in R v Donnelly in relation to legal impossibility?
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 receiver may know that the property had previously been stolen or dishonestly obtained.
What was held in R v Pene?
A party must intentionally help or encourage – it is insufficient if they were reckless as to whether the principal was assisted or encouraged.
What was held in R v Renata?
The court held that where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the ways contemplated by s66(1).
What was held in Larkins v Police?
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
What was held in Ashton v Police?
An example of a secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive. That person is, in New Zealand, under a legal duty to take reasonable precautions, because under s156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing.
What was held in R v Russell?
The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from so doing, and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and thus a secondary offender.
