Attempts, parties, conspiracy, receiving case law / definitions Flashcards
R v RING
In this case the offenders intent was to steal property by putting his hand in the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this he was still able to be convicted of attempted theft, because the intent to steal whatever property may have been discoverable in the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied
R v HARPUR
The Court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops…. the defendants conduct may be viewed in its entirety. Considering how much remains to be done is always relevant, though not determinative.
Police v JAY
A man bought hedge clippings believing they were cannabis
R v DONNELLY
Where stolen property has been returned to the owner or legal title to such property has been acquired by any person, it is not an offence to subsequently receive that property even though the receiver may know that the property had previously been stolen or dishonestly obtained
R v SANDERS
A conspiracy does not end with the making of an agreement. The conspiratorial agreement continues in operation, and therefore in existence until completion of its performance, or abandonment or in any other manner by which agreements are discharged
R v WHITE
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 suspects is never established and remains unknown.
MULCAHY v R
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. So long as such a design rests in intention only it is not indictable. When two or more agree to carry it (the intended offence) into effect, the very plot is an act itself.
Agreement
A person withdrawing from the agreement is still guilty of conspiracy as are those who become party to the agreement after the agreement has been made.
The offence is complete (conspiracy) as soon as the agreement is made
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
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 a principal or a party in one of the ways contemplated by s66(1)
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
ASHTON v Police
An example of a person owing a legal duty to a third party or the general public, is a person teaching another person to drive. That person is, in NZ, under a legal obligation to take reasonable precautions because under s156 CA61 he is deemed to be in control of a dangerous thing
R v RUSSELL
The Court held the accused was morally bound to take active steps to save his children, but by his deliberate abstention from doing so, 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
R v BETTS and RIDLEY
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 LUCINSKY
The property received must be the property stolen or part thereof, and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.