Evolution of the offence - class notes

Question 1

What is the ‘but for’ test?

Answer 1

That an intervening act will not generally break the causal link/chain of causation.

Question 2

What is a conspiracy?

Answer 2

Two or more people forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.

Question 3

What is the mens rea necessary for a conspiracy?

Answer 3

– An intention of those involved to agree, and

– an intention that the relevant course of conduct should be pursued by those parties to the agreement.

Question 4

What is the actus reus of conspiracy?

Answer 4

The actus reus of conspiracy is the agreement between two or more people to put their common design into effect.

Question 5

What following three conditions must apply for an ‘Attempt ‘conviction to succeed?

Answer 5

1. Intent (mens rea) – to commit an offence.
2. act (actus reus) – that they did, or omitted to do, something to achieve that end.
3. Proximity – that their act or omission was sufficiently close.

Question 6

R v Wilcox

Answer 6

The defendants act must be the commencement of the execution of the intended offence; a step in the actual crime at self. In other words, the defendant “must have begun to perpetrate the crime”.

Question 7

R v Harpur

Answer 7

“In assessing the conduct there must be a full evaluation in terms of time, place and circumstance”. What remains to be done is always relevant but not determinative. The court is permitted to focus more on the quality of the defendant’s actions and the time, place and circumstances in which they occurred, and less on abstract tests of preparation and proximity.

Question 8

What is a question of law?

Answer 8

A question that is decided by the judge based on the assumption that the facts of the case are proved.

Question 9

What is the test for proximity in relation to attempts?

Answer 9

1. Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or,

– has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

If the answer to either question is “yes” then we can say there has been an attempt as a matter of law. If not, the conduct can be classed as preparation and is not an offence.

Question 10

When is an act physically or factually impossible and list three examples of caselaw and a brief explanation of when this applied

Answer 10

If the act and question amounts to an offence, but the suspect is unable to commit it due to interruption, ineptitude, or any other circumstances beyond their control.

Three such cases are as follows:

• R v Ring – the offender’s intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty and he did not obtain any property.

– Higgins v Police relates to a person growing tomato plants believing they were cultivating cannabis.

– Police V Jay a man bought hedge clippings believing they were cannabis.

Question 11

What is the function of the judge?

Answer 11

The judge must decide whether the accused had left the preparation stage and was already trying to effect completion of the full events.

The accused need not have taken all steps necessary towards completing the full offence. If the judge decides that the defendant’s actions were more than mere preparation, the case goes to the jury.

Question 12

What is the function of the jury in regards to the offence of ‘attempts’?

Answer 12

The jury must then decide whether the facts presented by the Crown have been proved beyond reasonable doubt and, if so, must next decide whether the defendant’s acts are close enough to the full events.

If the jury finds that the actus reus has been established, it must also find the same in respect of the mens rea – that is, the prosecution evidence must also convince the jury beyond reasonable doubt that the defendant intended to come out the full offence.

Question 13

Who is considered to be a party to an offence?

Answer 13

To be considered a party to the offence, participation must have occurred before or during the commission of the offence and before the completion of the offence.

Question 14

How would someone become an accessory after-the-fact?

Answer 14

By providing assistance to either the principal or secondary offender following the commission of an offence.

Question 15

If a party were reckless as to whether the principal was assisted or encouraged could they be held liable?

Answer 15

No. A party must intentionally help or encourage.

Question 16

Who is considered a secondary party?

Answer 16

Someone who assists the principal offender either before or during the commission of an offence.

Question 17

If someone acts as part of the original planning of the offence are they a principal party or a secondary party?

Answer 17

A principal party.

Question 18

What is the mens rea for secondary participation?

Answer 18

– They must intend his or her own actions and also intend that it will assist the principal’s actions; and

– the secondary party must have knowledge of the essential matters which makes the principal’s action an offence.

Question 19

Which five terms are included in the ingredients of the offence of ‘party to an offence’?

Answer 19

aids/abets/incites

/counsels/procures

Question 20

Discuss R v Betts and Ridley

Answer 20

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.

Question 21

Discuss ‘special relationship’ in relation to ‘parties to’

Answer 21

Where there is a special relationship and no intervention on the part of the person who would be a party, this might amount to an approval and encouragement of the principal offenders actions.

Question 22

Discuss R v Mane in relation to accessory after the fact

Answer 22

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

Question 23

Discuss R v Crooks in relation to accessory after the fact

Answer 23

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 insufficient.

Question 24

What is the actus reus of accessory after-the-fact?

Answer 24

– Receives
– comforts
– assists
– tempers with evidence
– actively suppresses evidence

Question 25

When could a person be considered ‘wilfully blind‘?

Answer 25

• Where the person deliberately shuts their eyes and fails to inquire; this is because they knew what the answer would be, or
• In situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order not to know.