Case Law Flashcards
Mulcahy v R
- Conspires
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 and is not indictable. When two agree to carry it into effect, the very plot is in an act in itself.
R v Sanders
- Conspires
A conspiracy doesn’t end with the making of the agreement, it continues until completion of its performance, abandonment, or any other manner by which agreements are discharged.
R v White
- Conspires
When you can prove suspect conspired with other parties (one or more) whose ID is unknown, suspect can still be convicted even if ID is never established.
R v Ring
- Attempts
Hand in pocket to steal a ring, unbeknown ring wasn’t there. Could be convicted of attempted theft. Intent to steal
Intent can be inferred by his actions was present in his mind and demonstrated by his actions.
(Acting with criminal intent)
R v Harpur
- Attempts - Sufficiently proximate -
Def’s conduct to be considered in its entirety and in viewed cumulatively to get to attempt to commit
Higgins v Police
- Attempts
Cultivate cannabis plants that aren’t cannabis, it is physically impossible, not legally impossible to cultivate such plants. Therefore, attempts cultivation.
(Acting with criminal intent but physically impossible to commit)
Police v Jay
- Attempts
Man bought hedge clippings, believing they were Cannabis. (Acting with criminal intent but physically impossible in commit)
R v Donnelly
- Legally impossible Act
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 been stolen or dishonesty obtained.
R v Pene
- Parties
A party must intentionally help or encourage.
Insufficient if they were reckless as to whether the principal was assisted or encouraged.
R v Renata
Where 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 way of 66(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. (Parties)
Ashton v Police
Legal duty.
Example of a secondary party owing a legal duty to a third person is a person teaching another person to drive. Legal duty to take reasonable precautions, deemed to be in charge of a dangerous thing.
R v Russell
Special relationship
The accused was morally bound to take active 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 abetter, making him a secondary offender.
R v Betts & Ridley
An offence where no violence is contemplated, and the principal offender in carrying out the common intention uses violence, the secondary offender taking no physical part would not be liable for the violence.
R v Crooks
(Accessory)
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.
R v Briggs
Wilful blindness
- Knowledge may also be inferred from wilful blindness or a deliberate lack from making inquiries that would confirm the suspected truth.
(Can be for Receiving and Accessory charge)
R v Mane
To be considered an accessory, the acts done by the person must be after the completion of the offence.
R v Gibbs
To evade justice.
The act or acts done by the accessory must have helped the other person in some way to evade justice.
R v Levy
Actively suppresses evidence.
Does a deliberate act in relation to the evidence against the offender, for the purpose of assisting that person to evade justice.
R v Lucinsky
The property received must be the property stolen or illegally obtained (or part of) and not some other item for which the illegally obtained property had been exchanged for or proceeds of.
Cameron v R
Reckless
Is established if, defendant recognized that there was a real possibility that, his/her actions would bring about the proscribed result, and/or, that the proscribed result existed, and, having regard to that risk, actions were unreasonable.
R v Cox
Possession involves two elements - Physical element (Actual or potential possession) and mental element (combination of knowledge and intention. Knowledge in the sence of awareness that the item was in his possession and intention to exercise possession)
Cullen v R
There are four elements of possession for receiving:
- awareness the item is where it is,
- awareness the item has been stolen,
- actual or potential control of the item, and,
- an intention to excersise that control over the item.
R v Collister
- Intent
Circumstantial evidence from which Def’s intent can be inferred can include:
Def’s actions/words before, during or after the act.
Circumstantial evidence.
Nature of the act itself.
R v Sanders (NZ)
Deemed sufficient if one act or omission forming part of the offence occurs in NZ. Conspiracy
R v Kennedy
The guilty knowledge that the thing has been stolen or Dishonestly obtained must exist at the time of the receiving.
R v Mane #2
Assessory is entitled to proof that alleged offence was committed, and to challenge that proof.
R v Goodyear-Smith
Intent to mislead - Perjury
Court held to be guilty of perjury, witness must make a wilfully (intentional) false statement in respect of the material of importance.
Taylor v Manu
Perjury/pervert course of justice
Court held must be something corroborating the allegation of offence. (121 Evidence Act)
