Caselaws Flashcards
R v Pene
Party
A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged
R v Renata
Party
The 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 by s66(1)
Larkins v Police
Party
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance
Ashton v Police
Party
An example of a secondary party owing a legal duty to a third party or to the general public is a person teaching another person to drive. That person is, in New Zealand, under a legal duty to take reasonable precautions, because under s156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing
R v Russell
Party
The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from so doing and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and thus a secondary party
R v Betts and Ridley
Party
An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence the secondary offender taking no physical part in it would not be held liable for the violence used
R v Crooks
AATF
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
R v Briggs
AATF
As with the receiving charge under s246(1) knowledge may also be inferred from wilful blindness or deliberate abstention from making inquiries that would confirm the suspected truth
R v Mane
AATF
To be considered an accessory the acts done by the person must be after the completion of the offence
R v Levy
AATF
It was held that Levy had done a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to have a justice
R v Gibbs
AATF
The act or acts done by the accessory must have helped the other person in some way to evade justice
R v Cox
Receiving
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his posession and an intention to exercise possession.
Cullen r R
Receiving
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
R v Donnelly
Receiving
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 received it, even though the receiver may know that the property had previously been stolen or dishonestly obtained
R v Lucinsky
Receiving
The property received must be the property stolen or illegally obtained (or part thereof), and not some other item for which the illegally obtained property had been exchanged or which are the proceeds
