Liabilities

Question 1

S71 - Accessory after the fact
What case laws and definitions for this liability?

Answer 1

1) Anyone (the accessory)

 JN/CE

2) Knowing another person to have been a party to an offence

Define: Knowing
	R v Crooks (Knowledge)
	R v Briggs (Wilful blindness)
	R v Mane (Offence must be complete)

3) Receives, comforts or assists that person OR Tampers with or actively suppresses any evidence against him or her

Define: Receives, Comforting, Assist, Tampers with or actively suppresses evidence

4) In order to enable him to avoid arrest, escape or avoid conviction

R v Collister
	Define Intent

Question 2

S310 - Conspiracy
What case laws and definitions for this liability?

Answer 2

1) Conspires

 Define: Conspiracy
	 Mulchay v R
	 R v Sanders

2) With any person

A person cannot conspire alone.
	R v White

3) To commit an Offence

Decribed as any act or omission

Question 3

S108 - Perjury
What case laws and definitions for this liability?

Answer 3

1) A witness making any

 Define Witness

2) Assertion as to any matter of fact, opinion, belief or knowledge

Define: Assertion
	Define: Matter of fact
	Define: Opinion
	Define: Belief
	Define: Knowledge

3) In any judicial proceeding

4) Forming part of that witness’s evidence on oath

Define: Oath, Affirmation, Declaration

5) Known by that witness to be false and intended to mislead the tribunal

 Accused knows the statement to be false
	 Corroboration required

Question 4

S246(1) - Receiving
What case laws and definitions for this liability?

Answer 4

1) Receives

 R v Cox - Possession - Two elements - Physical = Actual or potential custody and control. Mental = knowledge and intention.
	 R v Cullen - 4 elements of possession for receiving
	 R v Donnelly - The offence must be legally possible

2) Any stolen property OR Obtained by any other imprisonable offence

Define: Property S2 CA61
	Theft S219(1) CA61
	R v Lucinsky - Property

3) Knowing that at the time of receiving the property that it had been stolen or being reckless as to whether or not the property had been stolen or so obtained

Define: Knowledge
	R v Kennedy - Guilty Knowledge
	R v Cameron - Recklessness