Case Law Test Flashcards
What was found in mulcahy
Conspiracy consists not merely in the agreement of two or more but the intention of two or more to commit an unlawful act or do a lawful act by unlawful means. Where there is intention only there is no offence.
Example of a legally impossible act
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 if the receiver may know it had previously been stolen or dishonestly obtained
What was held in Larkins
AID- AATF
While it is unnecessary that the principle should be aware that he or she is being assisted there must be proof of actual assistance
No need to be aware of assistance by principle/must be proof of assistance
Main points of RENATA
No ID of principle offender, suffice t to prove each individual accused must have either been a the principle or party in one or more ways contemplated in section 66(1).
What was held in ASHTON
Secondary party owing a legal dirty to a third person/general public is a person teaching another to drive. Under legal duty to take reasonable precautions as he is deemed to be in charge of a dangerous thing
What was held in Crooks
AATF KNOWLEDGE CROOKS
actual knowledge or belief in a sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement is insufficient
Conspiracy case law
Mulcahy - two or more
Sanders - conspiracy ends
White- no ID id co-conspirator
Mulcahy
A conspiracy consists not merely in the agreement of two or more people to do an unlawful act or to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself
Sanders
A conspiracy does not end with the making of the agreement it continues in operation until it is abandoned complete for discharged
What was held in white
Where you can prove that a suspect conspired with other parties whose id’s are unknown that suspect can still be convicted even if the co-conspirators are never id or established
Attempts case law
Ring- hand in pocket
Harper- conduct
Higgins - growing cannabis
Jay- purchasing hedge clippings
Donnelly- returned to owner
Ring
Offender intent to steal property from pocket of victim
Puts hand in pocket does not know it is empty
Despite this he is convicted of an attempted theft as his intent was there and he acted by placing hand in the pocket
Harper
The court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops.
The defendants conduct may be considered in its entirety
How much remains to be done is always relevant though not determinative
Higgins
Plants being cultivated as cannabis unbeknown to the accused they are another legal plant. It is physically not legally impossible. Therefore an attempt to
Jay
Purchasing hedge clippings believing them to be cannabis
Donnelly
Where stolen property is returned to the owner or legal title is acquired to the property it is not an offence to subsequently recover the property even if the receiver knows it to have been previously stolen or so obtained
Parties case law
Pene- intentionally help (not reckless)
Renata - no ID of principal all held responsible
Larkins- principal need not know he is being assisted
Ashton - driving/legal duty/ in charge of dangerous thing
Russel- mum jumps in pool he takes no action AID ABET
Betts and Ridley- no violence contemplated
Pene
A party must INTENTIONALLY help or encourage (insufficient to be reckless to assist or encourage)
Renata
Where principle cannot be ID. Sufficient to prove each offender was either the PRINCIPAL OR A S66(1)abc
Larkins
Aid
Unnecessary that principles aware of assistance. Must be PROOF of assistance
Ashton
Example of secondary party owing legal duty lto a 3rd person/general public
Teaching to drive
Reasonable precautions
Deemed in charge of a dangerous thing
Russel
Father watches as mother drown their children
Fails to act
Becomes an aid/abet as his presence is deemed an approval
Secondary offender
Betts and Ridley
An offence where
No violence contemplated
Principle in carrying out common aim
Uses violence and 2nd takes no part in violence IS NOT LIABLE FOR VIOLENCE
AATF CASE LAW
Crooks- knowledge person assisted committed offence,no doubt
Briggs - wilful blindness
Mane - offence completed
Crooks
Knowledge means actual knowledge or belief in a sense of having no real doubt that the person assisted was a party to the RELEVANT OFFENCE.
Mere suspicion is insufficient
Briggs
Knowledge may be inferred from wilful blindness or deliberate abstention from making inquiries that would confirm the truth
Mane
To be considered a accessory the acts done by the person must be after the completion of the offence
Receiving case law
Cox - 2xelements physical/mental
Cullen - 4x elements
Lucinsky - property received must be property stolen or so obtained
Kennedy - guilty knowledge at time of receiving
Cameron - reckless
Cox
Possession involves two elements
The first being the physical element is ACTUAL OR POTENTIAL custody or control
Second the mental element
COMBINATION Of knowledge AND INTENTION
KNOWLEDGE IN A SENCE OF AWARENESS BY THAT ACCUSED THAT THE SUBSTANCE US IN HIS POSSESSION AND AN INTENTIONAL TO Exercise POSSESSION
Cullen
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
Lucinsky
The property received must be the property stolen or so obtained
Not some other item for which the illegally obtained property had been exchanged or proceeds
Kennedy
The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving
Cameron
The defendant recongnosed that there was a real possibility that his or her actions would bring about the proscribed result
And that the proscribed circumstances existed
Having regard to that risk those actions were unreasonable
