Case Law Flashcards
Mulcahy v R
A conspiracy consists not only of 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.When the two or more agree to carry it into effect, the very plot is an act in itself.
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 it is ended by completeion of its performance or abandonment.
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 in never established and remains unknown.
R v Ring
In this case the offenders 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 he intended to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions.
R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops and the defendants conduct maybe considered in its entirety. Considering how much remains to be done is always relevant by not determinative.
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.
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 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.
R v Pene
A party must intentionally help or encourage. It is not 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 the 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 secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive. Because under S156 of the CA 1961 he is deemed to be in charge of a dangerous thing.
R v Russell
the court held that the accused was morally bound to take active steps to save his children. But by his deliberate absence from doing so and by giving the encouragement and authority of his presence and approval to his wifes 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 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.
