Case Law Flashcards
Knowing (CL) - (AAF 71(1) CA61)
SIMESTER AND BROOKBANKS: PRINCIPLES OF CRIMINAL LAW Knowing means “correctly believing.” The defendant may believe something wrongly but cannot “know” something that is false. 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. R v BRIGGS Knowledge may also be inferred from wilful blindness that the offence was committed.
Assist after arrest (CL) - (AAF 71(1) CA61)
R v MANE The act done by the accessory must be done after the completion of the offence.
Conspires (CL) - (Conspiracy s310(1) CA61)
R v MULCAHY “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 R v SANDERS “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”.
Person (CL) - (Conspiracy s310(1) CA61)
R v WHITE The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
Offence (CL) - (Conspiracy s310(1) CA61)
CHURCHILL v WALTON The conspirators need not know it is an offence, but must know the act is unlawful.
Engages in a Money Laundering transaction (CL)
R v WALLACE No requirement to prove intent to conceal. Merely had to convert with knowledge was proceeds of serious crime. R v LIAVA’A Exchanged NZ dollars to US dollars for purpose of concealing.
Serious offence (CL)
R v ALLISON Not necessary to prove accused was involved in the serious offending.
Actual Possession (CL) - (Receiving s246 CA61)
WARNER v METROPOLITION POLICE COMMISSIONER The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has: - Complete physical control over it - Knowledge of its existence, its situation and its qualities
Constructive Possession (CL) - (Receiving s246 CA61)
SULLIVAN V EARL OF CAITHNESS “[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”
Does/Omits (CL)
R v RAM Woman helps hold down another while she is raped - convicted of party to the offence of rape
Aids (CL)
LARKINS v POLICE Act relied on must occur prior to or contemporaneous with the commission of the offence R v RUSSELL Legal duty to assist
Procures (CL)
R v BAKER Supplied letter on how to blow up safe. Procures is to knowingly, intentionally obtain another to commit an offence. R v PATERSON Used innocent agent to uplift T.V. from a flat he wrongfully had key Offence be proven.
Party (CL) - (AAF 71(1) CA61)
MAHADEO v THE KING A person charged with being an accessory after the fact is entitled to insist of proof of the principal crime and to challenge the evidence of it, even if the principal offender has pled guilty. If principal offender found not guilty, the accessory must be acquitted.
Assists/Receives/Comforts (CL) - (AAF 71(1) CA61)
R v GIBB The act done must have helped the person in some way. Went from hiding place of murderer and returned with supplies for their joint use.
Tampers with or actively suppresses any evidence (CL) - (AAF 71(1) CA61)
R v LEVY The accused does a deliberate act in relation to the evidence against the person for the purpose of assisting the person to evade justice. Removed equipment (evidence of counterfeiting) from offenders workshop after he had been arrested for counterfeiting.
