Case Law

Question 1

R v Kennedy

Answer 1

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

Question 2

R v Lucinsky

Answer 2

The property received must be the property stolen or illegally obtained and not some other item for which the illegally obtained property has been exchanged or which are the proceeds.

Question 3

Cullen v R

Answer 3

4 elements of possession:

• Awareness the item is where it is
• Awareness the item has been stolen
• Actual or potential control over the item
• An intention to exercise control over the item

Question 4

R v Cox

Answer 4

Possession involves 2 elements:

Physical element - actual/potential physical custody or control

Mental - combination of knowledge and intention

Question 5

Mulcahy v R

Answer 5

A conspiracy consists of an intention and agreement between 2 or more people to do an unlawful act or a lawful act by unlawful means. So long as such design rests on intention only, it is not indictable. Where 2 or more people agree to carry out the intended offence into effect, the very plot is the act itself.

Question 6

R v Sanders

Answer 6

Conspiracy does not end with the making of an agreement. The conspirational agreement continues in operation and therefore in existence until it is ended with the completion of its performance or abandonment or in any other manner which agreements are discharged.

Question 7

Churchill v Walton

Answer 7

The conspirators need not know the act was an offence, but they must know the act is unlawful.

Question 8

R v White

Answer 8

Where you can prove the suspect conspired with a party whose identity is unknown, that suspect can be convinced of conspiracy even if the identity of the parties is never established or remains unknown.

Question 9

R v Levy

Answer 9

Deliberate act in relationship to the evidence against the offender for the purpose of assisting the offender evade justice.

Question 10

R v Gibbs

Answer 10

Acts done by accessory must have helped other person evade justice.

Question 11

R v Mane

Answer 11

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

Question 12

R v Briggs

Answer 12

Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 13

R v Crooks

Answer 13

Actual knowledge or belief, having no real doubt that the person assisted was a party to the relevant offence.

Question 14

R v Harvey

Answer 14

Recklessness involves proof the consequence companied of could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 15

Simester v Brookbanks

Answer 15

Knowing means correctly believing. The belief must be correct, where belief is wrong, a person cannot know something.

Question 16

Cameron v R

Answer 16

The defendant recognised there was a real possibility:

• Their actions would bring about the proscribed result, and
• The proscribed circumstances existed
  Having regard to that risk, those actions were unreasonable

Question 17

R v Ring

Answer 17

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 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 18

R v Harpur

Answer 18

The court may have regard to the conduct viewed cumulatively up to the point where 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 19

R v Higgins

Answer 19

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 20

Police v Jay

Answer 20

A man bought hedge clippings believing they were cannabis.