Case Law Flashcards
Mulcahy v R
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, or 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) into effect, the very plot is an act itself
R v Sanders
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.
R v White
Where you can prove that a suspect conspired with other parties (one or more people) who identities are unknown, that suspect can still be convicted even if the identify of the other parties is never established and remains unknown
R v Ring
In this case the offenders intent was to steal the property by putting his hand into the pocket of the victim. unbeknown to 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 inside the pocket was present in his mind and demonstrated by his actions. the remaining elements were also satisfied.
R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in questions stops … the defendants conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative
Higgins v Police
Where plants being cultivated as cannabis are not in fact cannabis it is physically, not legally, impossible to cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis
Police v Jay
A man bought the hedge clippings beliving they were cannabis
R v Donnelly
Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, 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.
R v Renata
The court held that where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal parties in one of the ways contemplated by s66(1)
Larkins v Police
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance
Ashton v Police
An example of a secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive. That person is, in New Zealand, under a legal duty to take reasonabel rpecautions, because under s156 of the CA 1961 he is deemed to be in charge of a dangerous thing
R v Russell
The court held that the accused was morally bound to take active steps to save his children, but by is deliberate abstention from doing so, and by giving the encouragement and authority of his presence and approval to his wife’s act he became the aider and abettor and thus a secondary offender.
R v Betts and Ridley
An offence where no violence is contemplated and the 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
R v Crooks
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 of their involvement in the offence is not sufficient.
R v Briggs
As with a receiving charge under s256(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth.
