Short answer questions Flashcards
Conspiracy
R v Mulcahy
A conspiracy consists not merely in the intention of two or more but in the agreement of two or more to do an lawful act or to do so lawful by unlawful.
Conspiracy
R v White
Where you prove a suspect conspired with other parties whose identity is unknown that suspect can still be convicted even if the identity of the other parties is never established and remains unknown
Conspiracy
Section and penalty
What is defined under section 67
310(1)
7 years
A person is capable of conspiring with his or her spouse or civil union parent or with his or her spouse or civil union partner and any other person
Attempt
R v Ring
The offenders intent was to steal property by putting his hand into the poi kept of the victim. Unbeknown lot 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.
Attempt
Higgins v police
Wheee plants being cultivated as cannabis are not in facet cannabis it is not physically, not legally impossible to cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis
Attempt
Police v jay
A man bought hedge clippings believing there were cannabis
Attempt
R v Donnelly
Where stolen property has been returned to the owner or legal title has been acquired by any person p, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained
Attempt
Unable to charge with attempt
The criminality depends on the recklessness or negligence, eg manslaughter
An attempt to commit an offence is included within the definition of that offence eg assault
The offence is such that the act has to have been completed in order for the offence to exist at all.
E. G demanding with menaces
Attempt section and penalty
Section 72
Life 10 years
Otherwise half
AAF section and penalties
71(1)
Life 7 years
10 or more 5
Otherwise half
Parties
What is innocent agents
A person who is unaware of the significant of their actions
Parties
Actual proof of assistance is required.
Case law
Examples of assistance
Larkins v police
Look out for someone committing burglary
Providing screw driver someone interfering with a motor vehicle
Telling an associate when a neighbour is away
R v Reneta
Three offenders beat the victim to death in car park of a tavern, the prosecution was unable to establish which blow was the fatal one or which of the three offenders administered it, the court held that where the principle offender cannot be identified,it is sufficient to prove that each individual accused must have been either they principal or a pray in one or the ways contemplated by 66(1)
Parties
R v Pane
A party must intentionally help or encourage , it is insufficient if they were reckless as to whether the principal was assisted or encouraged.
Parties
When participation must have occurred
Before or during the commission of the ounce and before the completion of the offence
Parties
What do you need to prove?
The identify of the offender
An offence has been successfully committed
The ingredient of the offence have been satisfied
Receiving
Section and penalties
246(1), (2),
Over 1000. 7 years
Over 500 1 year
Under 500 3 months
Receiving
R v Kennedy
The prosecution must prove an intent on the part of the receiver to possess the property
The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.
Receiving
R v Lucinsky
The property received must be the property stolen or illegally obtained and not some other item for which the illegally obtained property had been exchanged or which are the proceeds
Receiving
Circumstantial evidence of guilty knowledge
Unusual place Unusual time In an unusual way Nature of the property, value, quantity Concealment of the property to avoid discovery Removal of identifying marks
Defence to charge under section 134
They had taken reasonable steps to assertion that the young person was at least 16 and
They believed on reasonable ground that the young person was at least 16 and
The young person consented
When is the sexual connection is incest
Penalty?
It is between 2 people whose relationship is that if parent and chile, siblings, half siblings or grandparent and grandchild
And
The person charged knows of the relationship
10 years
SNS
definition of interception device
Examples
Any device used to intercept or record(audio) a private communication
dictaphone
Cellphone
Camera
SNS
Definition of tracking device
Examples
Device that maybe used to help ascertain, by electronic
The location of a thing or a person
Whether anything has been opened , tampered with, or in some other way dealt with but does not include vehicle
Cellphone
GPS
SNS
Definition of visual surveillance device
Any electronic, mechanical, electromagnetic, optical or electro-optical instrument or other device that is used to or is capable of being used to observe, or to observe and record, a private activity
Telescope
Cellphone
Binoculars
Cypfs 1989
When right need to be explained?
When the person is under arrest
When police have reasonable grounds to suspect them of having committed an offence
Before asking any questions of the person that are intended to obtain an admission of an offence
When during the course of questioning a person, wan enforcement office forms the view that there are reasonable ground to suspect the person of having committed an offence
When rights do not need to be explained
being held under breach blood provision contained in Ltsa 1998
Under immigration act
Has given his or her right within the previous hour
Parties
Special relationship case law
R v Russell
The accused was charged with murder of his wife and two sons. Following an argument between the accused and his wife, the wife, in the presence of the accused, allegedly jumped into a swimming pool with both children, drowning them all. The accused failed to render assistance to his wife or their children. 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 aided and a abettor and thus a secondary offender
The act of receiving requires the satisfaction of three elements
There must be property which has been stolen or has been obtained by an imprisonable offence
The accused must have received that property from another person
The accused must receive that property in the knowledge that it has been stolen or illegally obtained, or being reckless as to that possibility
List four examples of circumstantial evidence that may be used to prove an offender
S intent in gbh investigation
Degree of force used
Weapon used
Number of blows
Violence threat of violence used.
Drug
Presumption
Section 6 moda 1975
The person is presumed until the contrary is proved to be in a possession of controlled drug for any purposes set out in subsection c,d,e. If she or he is in possession if controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply. refer to 2(1a)
Drug
Schedule 5 moda 1975
Presumptive amount
Heroin 0.5 grams Cocaine 0.5 grams LSD 2.5 milligrams or 25 flakes Methamphetamine 5 grams MDMA 5 grams or 100 flakes Cannabis oil or resin 5 grams Cannabis plant 28 grams or 100 or more cigarettes
