Case Law Flashcards
Mulcahy v R
A conspiracy consist 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 an unlawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it out (the intended offence) into effect, the very plot is an act in itself.
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.
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 establishjed and remains unknown.
Is conspiracy with a spouse an offence?
S67 CA61 - A person is capable of conspiring with his/her spouse or civil union partner
R v Ring
Offenders intent was to steal property by putting hand into the pocket of the victim unbeknown to the offender the pocket was empty. Still convicted of attempted theft, because the intent to steal whatever property might have been discovered inside was present in his mind and demonstrated by his actions.
R v Harpur (cumulatively)
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops, the defendants conduct may be considered in its entirety, considering how much remains to be done is always relevant, though not determinative.
Higgins v Police
Plants cultivated as cannabis but are not actually cannabis, physically impossible to commit offence but possible to commit the offence of attempts
Police v Jay
Man buys hedge clippings believing they were cannabis, held as attempts.
R v Donnelly
Where stolen property has been returned to the owner or legal title acquired, 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 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 either been 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 the general public is a person teaching another to drive, that person is in NZ under a legal duty to take reasonable precautions because he is deemed to be in charge of a dangerous thing.
R v Russell
The held that the accused was morally bound to take steps to save his children, but by his deliberate abstention from doing so 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.
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.
