Short answer questions

Question 1

Conspiracy

R v Mulcahy

Answer 1

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

Question 2

Conspiracy

R v White

Answer 2

Where you prove a suspect conspired with other parties whose identity is unknown that suspect can still be convicted even if the identity of the other parties is never established and remains unknown

Question 3

Conspiracy

Section and penalty

What is defined under section 67

Answer 3

310(1)
7 years

A person is capable of conspiring with his or her spouse or civil union parent or with his or her spouse or civil union partner and any other person

Question 4

Attempt

R v Ring

Answer 4

The offenders intent was to steal property by putting his hand into the poi kept of the victim. Unbeknown lot 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 discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.

Question 5

Attempt

Higgins v police

Answer 5

Wheee plants being cultivated as cannabis are not in facet cannabis it is not physically, not legally impossible to cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis

Question 6

Attempt

Police v jay

Answer 6

A man bought hedge clippings believing there were cannabis

Question 7

Attempt

R v Donnelly

Answer 7

Where stolen property has been returned to the owner or legal title has been acquired by any person p, 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

Question 8

Attempt

Unable to charge with attempt

Answer 8

The criminality depends on the recklessness or negligence, eg manslaughter

An attempt to commit an offence is included within the definition of that offence eg assault

The offence is such that the act has to have been completed in order for the offence to exist at all.
E. G demanding with menaces

Question 9

Attempt section and penalty

Answer 9

Section 72
Life 10 years
Otherwise half

Question 10

AAF section and penalties

Answer 10

71(1)

Life 7 years
10 or more 5
Otherwise half

Question 11

Parties

What is innocent agents

Answer 11

A person who is unaware of the significant of their actions

Question 12

Parties

Actual proof of assistance is required.

Case law

Examples of assistance

Answer 12

Larkins v police

Look out for someone committing burglary
Providing screw driver someone interfering with a motor vehicle

Telling an associate when a neighbour is away

Question 13

R v Reneta

Answer 13

Three offenders beat the victim to death in car park of a tavern, the prosecution was unable to establish which blow was the fatal one or which of the three offenders administered it, the court held that where the principle offender cannot be identified,it is sufficient to prove that each individual accused must have been either they principal or a pray in one or the ways contemplated by 66(1)

Question 14

Parties

R v Pane

Answer 14

A party must intentionally help or encourage , it is insufficient if they were reckless as to whether the principal was assisted or encouraged.

Question 15

Parties

When participation must have occurred

Answer 15

Before or during the commission of the ounce and before the completion of the offence

Question 16

Parties

What do you need to prove?

Answer 16

The identify of the offender

An offence has been successfully committed

The ingredient of the offence have been satisfied

Question 17

Receiving

Section and penalties

Answer 17

246(1), (2),

Over 1000. 7 years

Over 500 1 year

Under 500 3 months

Question 18

Receiving

R v Kennedy

Answer 18

The prosecution must prove an intent on the part of the receiver to possess the property

The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.

Question 19

Receiving

R v Lucinsky

Answer 19

The property received must be the property stolen or illegally obtained and not some other item for which the illegally obtained property had been exchanged or which are the proceeds

Question 20

Receiving

Circumstantial evidence of guilty knowledge

Answer 20

Unusual place
Unusual time
In an unusual way
Nature of the property, value, quantity 
Concealment of the property to avoid discovery
Removal of identifying marks

Question 21

Defence to charge under section 134

Answer 21

They had taken reasonable steps to assertion that the young person was at least 16 and

They believed on reasonable ground that the young person was at least 16 and

The young person consented

Question 22

When is the sexual connection is incest

Penalty?

Answer 22

It is between 2 people whose relationship is that if parent and chile, siblings, half siblings or grandparent and grandchild

And

The person charged knows of the relationship

10 years

Question 23

SNS

definition of interception device

Examples

Answer 23

Any device used to intercept or record(audio) a private communication

dictaphone
Cellphone
Camera

Question 24

SNS

Definition of tracking device

Examples

Answer 24

Device that maybe used to help ascertain, by electronic
The location of a thing or a person
Whether anything has been opened , tampered with, or in some other way dealt with but does not include vehicle

Cellphone
GPS

Question 25

SNS Definition of visual surveillance device

Answer 25

Any electronic, mechanical, electromagnetic, optical or electro-optical instrument or other device that is used to or is capable of being used to observe, or to observe and record, a private activity Telescope Cellphone Binoculars

Question 26

Cypfs 1989 When right need to be explained?

Answer 26

When the person is under arrest When police have reasonable grounds to suspect them of having committed an offence Before asking any questions of the person that are intended to obtain an admission of an offence When during the course of questioning a person, wan enforcement office forms the view that there are reasonable ground to suspect the person of having committed an offence

Question 27

When rights do not need to be explained

Answer 27

being held under breach blood provision contained in Ltsa 1998 Under immigration act Has given his or her right within the previous hour

Question 28

Parties Special relationship case law

Answer 28

R v Russell The accused was charged with murder of his wife and two sons. Following an argument between the accused and his wife, the wife, in the presence of the accused, allegedly jumped into a swimming pool with both children, drowning them all. The accused failed to render assistance to his wife or their children. The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from so doing, and by giving the encouragement and authority of his presence and approval to his wife.s act he became an aided and a abettor and thus a secondary offender

Question 29

The act of receiving requires the satisfaction of three elements

Answer 29

There must be property which has been stolen or has been obtained by an imprisonable offence The accused must have received that property from another person The accused must receive that property in the knowledge that it has been stolen or illegally obtained, or being reckless as to that possibility

Question 30

List four examples of circumstantial evidence that may be used to prove an offender S intent in gbh investigation

Answer 30

Degree of force used Weapon used Number of blows Violence threat of violence used.

Question 31

Drug Presumption

Answer 31

Section 6 moda 1975 The person is presumed until the contrary is proved to be in a possession of controlled drug for any purposes set out in subsection c,d,e. If she or he is in possession if controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply. refer to 2(1a)

Question 32

Drug Schedule 5 moda 1975 Presumptive amount

Answer 32

``` Heroin 0.5 grams Cocaine 0.5 grams LSD 2.5 milligrams or 25 flakes Methamphetamine 5 grams MDMA 5 grams or 100 flakes Cannabis oil or resin 5 grams Cannabis plant 28 grams or 100 or more cigarettes ```