Case Law Test

Question 1

What was found in mulcahy

Answer 1

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.

Question 2

Example of a legally impossible act

Answer 2

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

Question 3

What was held in Larkins

Answer 3

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

Question 4

Main points of RENATA

Answer 4

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).

Question 5

What was held in ASHTON

Answer 5

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

Question 6

What was held in Crooks

Answer 6

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

Question 7

Conspiracy case law

Answer 7

Mulcahy - two or more
Sanders - conspiracy ends
White- no ID id co-conspirator

Question 8

Mulcahy

Answer 8

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

Question 9

Sanders

Answer 9

A conspiracy does not end with the making of the agreement it continues in operation until it is abandoned complete for discharged

Question 10

What was held in white

Answer 10

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

Question 11

Attempts case law

Answer 11

Ring- hand in pocket
Harper- conduct
Higgins - growing cannabis
Jay- purchasing hedge clippings
Donnelly- returned to owner

Question 12

Ring

Answer 12

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

Question 13

Harper

Answer 13

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

Question 14

Higgins

Answer 14

Plants being cultivated as cannabis unbeknown to the accused they are another legal plant. It is physically not legally impossible. Therefore an attempt to

Question 15

Jay

Answer 15

Purchasing hedge clippings believing them to be cannabis

Question 16

Donnelly

Answer 16

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

Question 17

Parties case law

Answer 17

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

Question 18

Pene

Answer 18

A party must INTENTIONALLY help or encourage (insufficient to be reckless to assist or encourage)

Question 19

Renata

Answer 19

Where principle cannot be ID. Sufficient to prove each offender was either the PRINCIPAL OR A S66(1)abc

Question 20

Larkins

Answer 20

Aid
Unnecessary that principles aware of assistance. Must be PROOF of assistance

Question 21

Ashton

Answer 21

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

Question 22

Russel

Answer 22

Father watches as mother drown their children
Fails to act
Becomes an aid/abet as his presence is deemed an approval
Secondary offender

Question 23

Betts and Ridley

Answer 23

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

Question 24

AATF CASE LAW

Answer 24

Crooks- knowledge person assisted committed offence,no doubt

Briggs - wilful blindness

Mane - offence completed

Question 25

Crooks

Answer 25

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

Question 26

Briggs

Answer 26

Knowledge may be inferred from wilful blindness or deliberate abstention from making inquiries that would confirm the truth

Question 27

Mane

Answer 27

To be considered a accessory the acts done by the person must be after the completion of the offence

Question 28

Receiving case law

Answer 28

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

Question 29

Cox

Answer 29

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

Question 30

Cullen

Answer 30

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

Question 31

Lucinsky

Answer 31

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

Question 32

Kennedy

Answer 32

The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving

Question 33

Cameron

Answer 33

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