Case Law Flashcards
What was found in the case of R v White in relation to charging a person when the other party is unknown?
Where you can prove that a suspect conspired with other parties whose identities are unknown, the suspect can still be convicted even if the identify of the other parties is never established and remains unknown.
What was found in the case of R v Harpur in relation to when several acts together may constitute an attempt
The court may have regards to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered and it’s entirety. Considering how much remains to be done is always relevant, though not determinative.
What is the example of a legally impossible act found in 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
What was found in the case of R v Sanders in relation to when a conspiracy ends
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 in any other manner by which agreements are discharged.
What was found in the case of R v Russell in relation to special relationships?
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 this a secondary offender
What was found in the case of R v Lucinsky in relation to received property?
The property received must be the property stolen or illegally obtained, or part of it and not some other item that the illegally obtained property had been exchanged or which are the proceeds.
What was found in the case of Higgins v Police in relation to when an act is physically or factually impossible?
Where plans been cultivated as cannabis and not infect 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
What was found in the case of Ashton v Police in relation to legal duty?
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 CA 1961 they are deemed to be in charge of a dangerous thing.
What was found in the case of R v Renata in relation to multiple offenders in a party
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 offender or a party in one of the ways contemplated by s66(1)
What was found in the case of R v Pene in relation to the intention to help to encourage?
A party must intentionally help or encourage. It is insufficient if they were reckless as to whether the principal was assisted or encouraged
What was found in the case of R v Betts and Ridley in relation to common intent?
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.
What was found in the case of Cullen v R in relation to possession specific to receiving?
There are four elements of possession for receiving:
- awareness that the item is where it is
- awareness that the item has been stolen
- actual or potential control of the item
- an intention to exercise that control over the item
What was found in the case of R v Briggs in relation to wilful blindness?
As with a receiving charge, knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.
What was found in the case of R v Mane in relation to the offence?
To be considered an accessory, the acts done by the person must be after the completion of the offence.
What was found in the case of Mulcahy v R in relation to conspiracy
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 do a lawful act by unlawful means. Where it is intent alone it is not indictable but where the two agree to carry the intended offence into effect, the very plot is an act in itself.
