Case Law

Question 1

Mulcahy v R

Answer 1

Mate U Lose Cause Agreement Has You

“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

R v Sanders

Answer 2

Signed And Now Doesn’t Ever Really Stop

“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 completion of its performance or abandonment or in any other manner by which agreements are discharged”.

Question 3

R v White

Answer 3

Without His Identity That’s Enough

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 4

R v Ring

Answer 4

Reach In No Good

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.

Question 5

R v Harpur

Answer 5

Having Arrived Ready, Proximate Ultra Relevant

“[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.”

Question 6

Higgins v Police

Answer 6

Here I Grow Green, It’s Not? Shit

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.

Question 7

Police v Jay

Answer 7

Just A Yarn

A man bought hedge clippings believing they were cannabis.

It was held that the offender could be convicted on an attempt, because he acted with criminal intent.

Question 8

R v Donnelly

Answer 8

Dishonestly Obtained Now Not Even Lacks Liability Yes

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.

Question 9

R v Pene

Answer 9

Party Encourage Not Enough

A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.

Question 10

R v Renata

Answer 10

Regarding Each Now Accused Took Action

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).

Question 11

Larkins v Police

Answer 11

Led a Role, Knowledge Is Not Significant

While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.

Question 12

Ashton v Police

Answer 12

A Secondary Has To Offer Navigation

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.

Question 13

R v Russell

Answer 13

Really Useless Swimmer So Engages in Liable Lacking

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.

Question 14

R v Betts and Ridley

Answer 14

Beats (the victim) and Rides (getaway driver)

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.

Question 15

R v Crooks

Answer 15

Crooks know what they’re doing

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 16

R v Briggs

Answer 16

Blidness Really Is Good Given Suspicion

As with a receiving charge under s246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 17

R v Mane

Answer 17

Main Aspect Now Executed

To be considered an accessory the acts done by the person must be after the completion of the offence.

Question 18

R v Cox

Answer 18

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control.

The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 19

Cullen v R

Answer 19

C U Learn Location, Learn Stolen, Elements (of possession), Intention

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 20

R v Lucinsky

Answer 20

Long U Change It Not Same K Yuss

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 21

R v Kennedy

Answer 21

Knowledge Exists No No Equals Doubt You

The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.

Question 22

Cameron v R

Answer 22

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.