Case Law - EOTO Flashcards
Mulcahy v R
A conspiracy consists not merely in the intention of 2 or more, but in the agreement of 2 or more to do an unlawful act or to do a lawful act by unlawful means.
R v Sanders
A conspiracy does not end with the making of the agreement. It continues until completion, abandonment, or any manner by which agreements are discharged.
It is sufficient if one act or omission forming part of the offence or “any event necessary to the completion of any offence” occurs in NZ.
R v White
Where you can prove that a suspect conspires with other parties whose identity/s are unknown, that suspect can still be convicted even if the identity/s of the other parties are never established/remain unknown.
R v Harpur
Independent acts, when viewed in isolation, can be construed as preparatory.
If viewed collectively, they can take on a different context and therefore amount to a criminal attempt.
R v Betts and Ridley
Where no violence is contemplated and the principal in carrying out the common aim uses violence, a secondary taking no physical part would not be held liable for the violence used.
R v Renata
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).
Larkin v Police
While it is unnecessary that the principal should be aware that they are being assisted, there must be proof of actual assistance.
R v Russell
Where there is a special relationship and no intervention on the part of the secondary, then this might amount to approval and encouragement of the principal offender’s actions.
R v Crooks
Knowledge that the person assisted was party to the relevant offence.
R v Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.
R v Mane
To be considered an accessory, the act done by the person must be after the completion of the offence.
