The Case Law Deck...

Question 1

Explain R v “receiving” Lucinsky

Answer 1

The property received must have been stolen or obtained by any imprisonable offence and not some other item for which the stolen property was exchanged.

Question 2

Explain R v “Drowned” Russell

Answer 2

Husband watched with his children as his wife jumped into a pool and drowned. The court held that he was morally bound to act and his failure to do so caused his wife’s death, this made him liable and he became a secondary offender. He was charged with the murder of his wife.

Question 3

Explain Aston “martin” V Police

Answer 3

An example of a legal party owing a duty to a third person is a driving teacher.

Question 4

Explain R v “TV” Paterson

Answer 4

The accused asked a person to uplift a TV from a flat which the accused pretended to own. Where the principle offender incites or employs the innocent agent it is deemed to be the act of the principle offender.

Question 5

Explain “assisted” Larkins V Police

Answer 5

It is not necessary for the principle offender to know that he was assisted, but there must be proof of actual assistance.

Question 6

Explain R v “Not stolen” Donnelly

Answer 6

Where stolen property has been physically recovered by the Police, it is legally impossible to commit the crime of receiving. It must be legally possible to receive the property.

Question 7

Explain R v “lonely” White

Answer 7

You can be convicted of conspiracy even if your co-conspirator was never identified.

Question 8

Explain R v “isolated” Harpur

Answer 8

Actions need not be considered in isolation. Sufficient evidence of intent can be made from the offenders conduct entirely.

Question 9

Explain 3 case laws about physically impossible offences….

Answer 9

R v Ring - hand in the pocket
Police V Higgins - Cultivates cannabis but was in fact not cannabis but tomato plants
Police V Jay - Woman acquires hedge clippings believe it to be cannabis.

Question 10

Explain R v “ended” Sanders

Answer 10

Conspiracy remains until its completion of its act, or its abandonment at any stage or by other ways agreements are discharged.

Question 11

Explain “equation” Mulcahy V R?

Answer 11

A conspiracy consists not merely in the intention of two or more, but in the agreement to commit an unlawful act or lawful act by unlawful means.

In short:

Agreement - intent = no conspiracy

Question 12

Explain R v “accessory” Mane

Answer 12

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

Question 13

Explain R v “considered” Hayes

Answer 13

Anything that enhances the accused’s financial position

Question 14

Explain R v “dishonest” Hayes

Answer 14

The question is whether the belief is actually held, not whether that belief is reasonable.

Question 15

Explain R v “paper” Misic

Answer 15

Essentially a document is a thing which provides evidence or information or serves as a record

Question 16

Explain R v “encouraging” Pene

Answer 16

A party must intentionally help or encourage

Question 17

Explain R v “multiple” Renata

Answer 17

The Court held where the principle offender cannot be identified, it is sufficient to prove that each individual was either the principle offender or party in some way

Question 18

Explain R v Belts and “non violent” Ridley

Answer 18

An offence where there has been no violence contemplated, if the principle offender uses violence, the secondary offender is not liable to that use of violence or it’s consequences.

Question 19

Explain R v “credit” Fisher and Raven

Answer 19

Credit refers to the obligation on the debtor to pay or repay and the allowable time given for them to do so.

Question 20

Explain R v “induced to part” Laverty

Answer 20

Prosecution must show that the person with the property was induced to part with their property by the false misrepresentation.

Question 21

Explain R v “hotel” McKay

Answer 21

It was held that the credit was obtained by booking, but at that time the accused did not have the intention to deceive.

Question 22

What does R v Rua “Produce” Relate?

Answer 22

The words produce and manufacture broadly cover creating drugs by some form or process which changes the original substance into a controlled drug.

Question 23

What does Saxton “Abroad” V Police relate?

Answer 23

“To introduce or to bring into NZ, or to cause to be brought in from another country”

Question 24

What does R v “Final Destination” Hancox relate?

Answer 24

The element exists from the time the goods enter NZ until they reach their final destination and are no longer in possession or control of the proper authorities and become available to the consignee