Must Knows Week 1

Question 1

Define Dishonestly

Answer 1

Act/omission done without belief in consent or authority, express or implied, from a person entitled to give it for that act/omission

Question 2

Define Without claim of right

Answer 2

No belief in proprietary or possessory right.

Can have mistaken belief which would be a defence

Question 3

Define unlawful

Answer 3

Without lawful justification or excuse

Question 4

Define consent

Answer 4

Concious and voluntary agreement

R v Cox: Consent must be full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgment

Question 5

What is Mens rea

Answer 5

Guilty mind/knowledge

Question 6

Define intent and cite relevant case law

Answer 6

Intent includes intent to do the act and intent for a specific result

R v Collister - Circumstantial evidence from which an offenders intent may be inferred can include:
- the offenders actions/words before, during and after the event
- the surrounding circumstances
- the nature of the act itself

Question 7

Define recklessness and cite relevant case law

Answer 7

Defendant deliberately ran a risk and that risk was unreasonable given the circumstances.

Cameron v R - recklessness established if the Defendant recognised a real possibility that:
-his/her actions would bring around the proscribed result and/or
- that the proscribed circumstances existed
and having regard to that risk those actions were unreasonable

Question 8

Define knowledge/knowing

Answer 8

Correctly believing

Question 9

Conspiracy summary definition (include mens rea & actus reus)

Answer 9

Agreement between two or more people to commit an offence.

M: intent to agree and intent in a shared course of conduct to a full offence
A: the agreement

Question 10

Attempts summary definition (include men’s rea and actus reas)

Answer 10

With intent to commit an offence does or omits an act for the purpose of accomplishing his/her object

Mens rea: intent to commit offence
Actus reus: act/omission to achieve that end. This act must be sufficently proximit to the offence

Question 11

Explain R v Harpur

Answer 11

(Attempts case law) Independent acts that in isolation are preparatory, viewed collectively can amount to an attempt

Question 12

Explain R v Ring

Answer 12

Still an attempt even if physically impossible (No ring in the pocket)

Question 13

Define what makes someone party to an offence

Answer 13

If they commit, aid, abet, incite, counsel or procure another.

Or form common intention and the outcome was a probable consequence of their common purpose.

Question 14

Summarize accessory after the fact (include mens rea and actus reus)

Answer 14

Knowing any person to be a party to an offence, receives/comforts/assists them or Tampers with/suppresses evidence to evade/escape arrest or conviction.

Mens rea: knowing (correctly believing) they are party to an offence and intent to act tonhelp them get off
Actus reus: act to help

Question 15

Knowing case law

Answer 15

R v Crooks: Knowledge means belief having no real doubt

Question 16

Mens rea of party to an offence

Answer 16

Intend his/her actions, intend to assist the principal offender and have knowledge that the principal offender is committing an offence