CASE LAWS

Question 1

Higgins v Police

Answer 1

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 1

Police v Jay

Answer 1

A man brought hedge clippings believing they were cannabis.

Question 2

R v Ring

Answer 2

In this case the 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 3

R v Donnelly

Answer 3

Where property stolen 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 the property has previously been stolen or dishonestly obtained.

Question 4

Police v Larkins

Answer 4

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

The mere commission of an act intended to have that effect is insufficient.

Question 5

R v Renata

Answer 5

3 offenders beat the victim to death in the car park of a tavern. The prosecution was unable to establish which blow was the fatal one or which of the offenders administered it.

Court held that 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 in Section 66(1).