CIB006 - Association Caselaw Flashcards
R v Mulcahy (conspires)
A conspiracy is not the intention of two or more, but the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means. The plot is an act in itself.
R v Sanders (Conspiracy complete)
A conspiracy doesn’t end with the making of an agreement, the conspiratorial agreement continues in operation until it is ended by completion of its performance or abandonment or any other means which agreements are discharged.
R v Collister (intent)
Intent can be inferred from the offenders circumstances, actions and nature of the offence.
R v White (two or more people)
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 remains unknown.
R v Ring (inferring intent from act attempts)
The offenders intent was to steal property by putting his hand into the pocket of the victim. Despite the pocket being empty he was able to be convicted of attempted theft because the intent to steal what was inside the pocket was present in his mind and demonstrated by his actions.
R v Harpur (multiple acts together attempts)
Independent acts when viewed in isolation can be construed as preparatory, when viewed collectively can take on a different context and may amount to criminal attempts.
Police v Jay (physically or factually impossible)
A man brought hedge clipping believing they were cannabis.
R v Donnelly (legally impossible)
Where stolen property has been returned to the owner or legal title, it is not an offence to subsequently receive it even though the receiver may know that the property had been previously stolen or dishonestly obtained.
Police v Larkin (proof of assistance)
While it is unnecessary that the principal party be aware that he or she is being assisted, there must be proof of actual assistance.
R v Mane (offence must be complete)
To be considered an accessory the acts done by the person must be done after the completion of the event.
R v Cox (posession)
Possession involves two elements, the first physical element is actual possession and potential possession. The second, the mental element is a combination of intention and knowledge.
R v Cameron (recklessness)
Recklessness established if the defendant recognised that their actions would bring about the proscribed result.
