CONSPIRACY

Question 1

Conspiracy - R v Mulcahy

Answer 1

A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) ino effect, the very plot is an act itself

Question 2

Attempts- R v Harpur

Answer 2

“In assessing the conduct there must be a full evaluation in terms of time, place and circumstance”. What remains to be done is always relevant, but not determinative. The court is permitted to focus more on the quality of the defendants acts and time, place and circumstances in which they occurred, and less on abstract tests of preparation and proximity.

Question 3

R v Hapur - Notes

Answer 3

R v HARPUR essentially outlines that: independent acts, when viewed in isolation, can be construed as preparatory.

When the same acts are viewed collectively, they can take on a different context and therefore amount to a criminal attempt.

Question 4

R v Wilcox (previous attempts caselaw)

Answer 4

The defendants act must be the commencement of the execution of the intended offence; a step in the actual crime itself. In other words, the defendant “must have begun to perpetrate the crime.

Question 5

S72 crimes act ’ATTEMPTS’

Answer 5

1) Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence and too remote to constitute an attempt to commit it, is a question of law.
3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 6

What constitutes being party to an offence?

S.66 CA1961

Answer 6

Everyone is a party to and guilty of an offence who-
A) actually commits the offence

B) does or omits an act for the purpose of aiding any person to commit the offence.

C)abets any person in the commission of the offence.

Question 7

R v BETTS and RIDLEY (Parties to offence)

Answer 7

An offence where no violence is contemplated and 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 8

AIDS

Answer 8

It is possible to aid or abet by omission. Liability for aiding by omission will arise where A, who has a legal duty to act and a right or power of control over B, fails to observe or discharge the city by exercising that control to prevent B committing the offence.

Question 9

Parties - Conviction

Answer 9

For a conviction, the crown must prove that:

1) two or more people were involved.
2) An agreement was made
3) The agreement was to commit an offence, and
4) At the time of the agreement their intention was to commit the offence.

Question 10

Aid- definition

Answer 10

To aid means to assist in the commission of the offence, either physically or by giving advice and information.

In order to aid, the presence of the person offering the aid is not required at the scene, before, or at the time of the offence being committed.

Question 11

Abets- Definition

Answer 11

Abets means to instigate or encourage, that is to urge another person to commit the offence. As with aiding, the presence of the abettor at the scene of the offence at the time of its commission is not required.

Ex. A man finds his wife in bed with another man. A fight breaks out and the wife encourages the man to kill her husband.

Question 12

Accessory after the fact - R v MANE

Answer 12

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

Question 13

Accessory after the fact R v CROOKS (knowledge)

Answer 13

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 in their involvement in the offence is insufficient.

Question 14

Accessory after the fact- wilful blindness

Answer 14

As with a receiving charge under s246 (1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 15

Act us reas of Accessory

The accessory must do a deliberate intentional act-

The intentional acts are:

Answer 15

• receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 16

Wounding with intent 188 (1)

Answer 16

With intent to cause GBH

To any person

Wounds or maims or disfigures or causes GBH

To any person

Question 17

Wounding with intent Section 188 (2)

Win intent to injure..

Answer 17

Any person OR with reckless disregard for the safety of others

Wounds or maims or disfigures or causes GBH

To any person

Question 18

Injuring with intent s 189 (1)

Answer 18

With intent to cause GBH

to any person

Injures

Any person

Question 19

Injuring with intent s189 (2)

Answer 19

With intent to injure any person or with reckless disregard for the safety of others

Injures

Any person

Question 20

Aggravated wounding s191(1)

Answer 20

With intent
a) to commit or facilitate the commission of any imprisonable offence, or

b) to avoid the detection of himself or any other person in the commission of any imprisonable offence, or
c) to avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Wounds or maims or disfigures or causes GBH to any person or stupefies or renders unconscious any person or by any violent means renders any person incapable of resistance

Any person

Question 21

R v HARNEY (wounding with intent)

Answer 21

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

Question 22

R v Taisalika (Wounding with intent)

The nature of the blow and the …

Answer 22

Gash which it produced point strongly to the presence of the necessary intent.

Question 23

R v TIPPLE (wounding with intent)

Answer 23

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires ‘a deliberate decision to run the risk’.

Question 24

R v MCARTHUR (BODILY HARM)

‘BODILY HARM’ includes any hurt or injury …

Answer 24

calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory and trifling