Summary Cards Flashcards
What definitions and/or case laws should be included in your discussion of the liability of:
Conspiracy?
Definition of intent: 2 specific types of intent; R v Collister;
Definition of conspires: Relies on the subjects forming an agreement to do an unlawful act, or to do a lawful act by unlawful means; Mulcahy v R; R v Greenfield;
Definition of person: S2; CA62 - As proven by circumstantial evidence or judicial notice.
Definition of when a conspiracy is complete: The offence is complete on the agreement being made with the required intent; R v Sanders; R v White;
Definition of commit: To put a plan of action into effect;
Definition of offence: Any act or omission that is punishable on conviction under any enactment.
Definition of act/omission: Act - To take action or do something, to bring about a particular result; Omission - The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.
Definition of entering into a conspiracy overseas: A person who has entered into a conspiracy overseas is amenable to the jurisdiction of NZ courts only if they are later physically present in NZ and they act in continuance of the conspiracy.
What definitions and/or case laws should be included in your discussion of the liability of:
Parties to offences?
Definition of intent: 2 specific types of intent; R v Collister;
Definition of commits: To put a plan of action into effect.
Definition of offence: Any act or omission that is punishable on conviction under any enactment.
Definition of does or omits an act: Act: To take action or do something, to bring about a particular result; Omission: The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation; R v Renata;
Definition of person: CA61 S2 - as proven by circumstantial evidence or judicial notice;
Definition of aiding: To assist in the commission of the offence, either physically or by giving advice and information; R v Pene; Larkins v Police;
Definition of abets: To instigate or encourage; to urge on another person to commit an offence; Ashton v Police;
Definition of incites: To rouse, stir up, stimulate, animate, urge or spur on a person to commit an offence;
Definition of counsels: To intentionally instigate the offence by advising a person(s) on how best to commit an offence, or planning the commission of an offence for another person(s);
Definition of procures: Setting out to see that something happens and taking the appropriate steps to ensure that it does;
Party to a secondary offence: CA61, S66(2); common intention; R v Betts and Ridley; probable consequence; innocent agents;
What definitions and/or case laws should be included in your discussion of the liability of:
Accessory after the fact?
Definition of intent: 2 specific types of intent; R v Collister; an accessory’s intent must be to enable to offender to escape after arrest or to avoid arrest or conviction;
Definition of knowledge: S&B; R v Crooks; R v Briggs; when a person is considered wilfully blind;
Parties to legislation: S66(1)(a-d);
Definition of an offence: Any act or omission that is punishable on conviction under any enactment; R v Mane;
Definition of receives: Refers to harbouring an offender or offering them shelter can be considered receiving and/or comforting;
Definition of comforts: Refers to providing food, clothing, shelter, accommodation, or other supplies to an offender;
Definition of assists: Refers to providing transport etc;
Definition of tampers with: Means to alter the evidence against the offender;
Definition of actively suppresses evidence: R v Levy; Encompasses acts of concealing or destroying evidence against an offender;
Definition of escape after arrest etc: R v Gibbs; R v Levy;
What definitions and/or case laws should be included in your discussion of the liability of:
Receiving
Definition of intent: 2 specific types of intent; R v Collister;
Definition of receives: How the property was ‘received’. The act of receiving requires the satisfaction of three elements (SRK); R v Ma; When receiving is complete (S246(3);
Definition of possession: R v Cox; Cullen v R;
Offence must be legally possible: R v Donnelly;
Definition of property: CA61, S2; R v Lucinsky;
Definition of theft or stealing: CA61; S219(1-4)
Definition of obtain: To obtain or retain for himself or herself or any other person;
Definition of imprisonable offence: Any act or omission punishable on conviction under any enactment.
Definition of knowing: S&B; R v Kennedy;
Definition of recklessness: R v Briggs; Cameron v R; R v Tipple;
