CASE LAWS Flashcards
Mulcahy v R
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 do a lawful act by unlawful means.
R v Sanders
A conspiracy does not end with the making of the agreement.
The agreement continues in existence until it is ended by completion or abandonment
R v White
Can still convict where you can prove that a suspect conspired with other parties whose identities are unknown
R v Ring
Offenders intent was to steal property by putting his hand in the victims pocket. Victims pocket was empty.
Despite this offender was charged with attempted theft because intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his action
R v Donnelly
Stolen property returned to owner, it is not an offence to receive it end though the receiver may know that the property has previously been stolen or dishonestly obtained
Harpur v R
The defendants conduct (May) be considered in its entirely. Considering how much is left to be done .. is always relevant though not determinative
R v Cox
Possession 2 elements
Physical actual or potential custody or control
Mental element, combination of knowledge and intention. Knowledge sense of awareness substance is in his possession and intention to exercise
R v Cullen
4 elements of possession for receiving
• Awareness that the item is where it is
• Awareness that the item has been stolen
• Actual or potential control of the item and
• An intention to exercise that control over the time
R v Donnelly
Must be legally possible;
If the accused receives legal title or property is returned to owner and later sold they cannot be charged with receiving.
Even if the receiving may know that the property had previously been stolen or dishonestly obtained
R v Lucinsky
Property received must be stolen or illegally obtained and not some other item for which the illegally obtained had been exchanged for or which are the proceeds
R v Kennedy
Guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving
Cameron v R
Recklessness is established if
Defendant recognised that there was real possibility that
His/her action would bring the proscribed result and or
Those circumstances existed and having regarded the risk those actions were unreasonable
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 offence. Mere suspicion of their involvement is insufficient
R v Briggs
Knowledge may also me inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth
R v Mane
To be considered an accessory the acts done by the person must be after the completing of the offence
