Case Laws

Question 1

Mulcahy v R

Answer 1

“A conspiracy consists not merely in the intention, but in the agreement of two or more to do an unlawful act.

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 2

R v Sanders

Answer 2

“A conspiracy does not end with the making of the agreement.

The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged”.

Question 3

R v White

Answer 3

Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 4

R v Ring

Answer 4

R v Ring- Pickpocket Case

Offender’s intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty.

Despite this he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.

Question 5

R v Harpur

Answer 5

The Court may have regard to the conduct viewed cumulatively up to the point when the conduct stops.

The defendant’s conduct may be considered in its entirety.

How much remains to be done is always relevant, though not determinative.”

Question 6

Higgins v Police

Answer 6

Where plants being cultivated as cannabis are not in fact 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.

Question 7

Police v Jay

Answer 7

A man bought hedge clippings believing they were cannabis.

Question 8

R v Donnelly

Answer 8

Where stolen property has been returned to the owner or legal property acquired, 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.

An attempt to receive such stolen goods is therefore possible in fact, but impossible in law.

Question 9

R v Pene

Answer 9

A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.

Question 10

R v Renata

Answer 10

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).

Question 11

Larkins v Police

Answer 11

While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.

Question 12

Ashton v Police

Answer 12

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 under a legal duty to take reasonable precautions, because under the Crimes Act he is deemed to be in charge of a dangerous thing.

Question 13

R v Russell

Answer 13

Accused was morally bound to take active steps to save his children, but
- by his deliberate abstention,
- by giving the encouragement,
- authority of his presence and
- approval to his wife’s act
he became an aider and abettor and thus a secondary offender.

Question 14

R v Betts and Ridley

Answer 14

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.

Question 15

R v Crooks

Answer 15

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.

Question 16

R v Briggs

Answer 16

knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 17

R v Mane

Answer 17

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

Question 18

R v Gibbs

Answer 18

The act done by the accessory must have helped the other person in some way to evade justice.

Question 19

R v Levy

Answer 19

A deliberate act in relation to the evidence against the offender to assist evading justice.

Question 20

R v Lucinsky

Answer 20

The property received must be the property stolen or illegally obtained (or part thereof), and not some other item

• which the illegally obtained property had been exchanged or
• which are the proceeds.

Question 21

Cameron v R

Answer 21

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:

(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Question 22

R v Cox

Answer 22

Possession involves two elements.
The first, the physical element, physical or actual custody or control.

The second, the mental element, is a combination of knowledge and intention of possession.

Question 23

Cullen v R

Answer 23

There are four elements of possession for receiving:
(a) awareness that the item is where it is;

(b) awareness that the item has been stolen;
(c) actual or potential control of the item; and
(d) an intention to exercise that control over the item.

Question 24

R v Kennedy

Answer 24

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