Definition and Case law

Question 1

Conspires - defined and 3 X case law

Answer 1

A conspiracy is an agreement between two or more people to commit an offence. It relies on the subjects (two or more of them) forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.

Mulcahy v R
A conspiracy consists of the intention of two or more people, along with their agreement to do an unlawful act

R v Sanders
A conspiracy does not end at the agreement and continues until its completion or abandonment

R v White
A person can still be convicted even if the other parties of the conspiracy can’t be identified or located

Question 2

Omission definition

Answer 2

An omission is an intentional failure to act

Question 3

With any other person - definition and case law

Answer 3

The offence is gender neutral, a person is normally accepted by judicial notice or proven by circumstantial evidence.

R v White

Where you can prove that a suspect conspired with another person, that suspect can still be convicted even if the identity of the other person remains unknown.

Question 4

Intent - Defined and case law

Answer 4

A deliberate act to get a specific result.

R v Collister

There are two specific intents , an intent to commit a deliberate act and and intent to get a specific result.

Intent can be inferred by words or actions before during or after, the surrounding circumstances and the nature of the act.

Question 5

To commit - defined

Answer 5

To act in a way to achieve what you intended to

Question 6

Offence - define

Answer 6

An act or omission punishable upon conviction

Question 7

New Zealand - defined

Answer 7

The land and sea surrounding

Question 8

Conspiracy overseas - defined

Answer 8

A conspiracy made over seas and continued in New Zealand is still an offence.

It is a defence if the act agreed upon is legal in the country intended on doing the act

Question 9

R v Mane

Answer 9

To be an accessory the assistance must be after the fact

Question 10

R v Ring meaning and what element to apply it to?

Answer 10

A person is still liable for an attempt if they had the necessary intent but are unable to complete the offence due to reasons out of there control

Question 11

R v Harpur

Answer 11

Acts viewed in isolation may not constitute an offence, however the same acts viewed together could constitute an attempt

Question 12

Higgins v Police

Answer 12

Where an offence is physically impossible, there may still be liability for an attempt with the necessary intent

Higgins wrongly believed he was growing cannabis, as it was physically impossible, he was charged with attempting to grow cannabis

Question 13

Police v Jay

Answer 13

Buying hedge clippings thinking it’s cannabis shows the necessary intent and liability to attempting to buy cannabis

Question 14

R v Donnally

Answer 14

When legal title to property has been restored it is impossible to criminally receive it

Question 15

R v Pene

Answer 15

The act of assistance to a party must be an intentional one and not reckless in anyway

Question 16

R v Renata

Answer 16

If the primary offender can’t be identified, it is sufficient that each person accused was either the principal or a party

Question 17

Larkins v Police

Answer 17

It is not necessary that the primary offender know they were assisted however there must be proof of the assistance

Question 18

Ashton v Police

Answer 18

A legal duty in the circumstances to act

Question 19

R v Russell

Answer 19

Morally bound to act, a deliberate lack of action encourages and there for makes a person a secondary party to the offence

Question 20

R v Betts and Ridley

Answer 20

An act that was completed by one person which was not agreed on by the other will not be held liable, unless that act or outcome was likely to have occurred

Question 21

R v Crooks

Answer 21

Mere suspicion of a person’s involvment in an offence is not sufficient

Question 22

R v Briggs

Answer 22

Knowledge may be inferred from wilful blindness

Question 23

R v Cox

Answer 23

Possession involves two elements, a physical and mental element. The physical is having actual possession or control over the item. The mental element is a combination of knowledge and intention to posses.

Question 24

Cullen v R

Answer 24

4 elements of possession for receiving
1. Knowledge of the items location
2. Knowledge of it being stolen
3. Actual or potential control
4. Intention to excersice control

Question 25

R v Lucinski

Answer 25

The property received must be the property actually stolen or so obtained

(Use - receives)

Question 26

Cameron v R

Answer 26

A deliberate act knowing there actions would bring about a proscribed result, took an unreasonable risk.