Case Law

Question 1

Conspires

Answer 1

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 agree to carry it (the intended offence) into effect, the very plot is an act in
itself ….”

Question 2

“With any person” (Conspiricy)

Answer 2

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 parties is never established and remains unknown.

Question 3

Knowing - (AATF)

Answer 3

R v Crooks

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.

Question 4

Knowing a person to have been party to the offence (AATF)

Answer 4

R V MANE
To be considered an accessory the acts done by the person must be after the
completion of the offence

Question 5

“Possession for receiving”

Answer 5

Cullen v R

There are four elements of possession for receiving:

(a) awareness that the item is where it is;
(b) awareness that the item has been stolen;
(c) actual or potential control of the item; and
(d) an intention to exercise that control over the item.

Question 6

“Property” - Receiving

Answer 6

R v Lucinsky

The property received must be the property stolen or illegally obtained (or part
thereof), and not some other item for which the illegally obtained property had
been exchanged or which are the proceeds

Question 7

“Knowing the property to have been stolen” - Receiving

Answer 7

R v Kennedy [2001] 1 NZLR 314; (2000) 18 CRNZ 501 (CA).
The guilty knowledge that the thing has been stolen or dishonestly obtained must
exist at the time of receiving.

Question 8

Receives (Possession) (Receiving)

Answer 8

R v Cox