Evolution of the Offence

Question 1

Name the 5 statutory defences

Answer 1

Compulsion
Infancy
Insanity
Property defence
Self defence

Question 2

Name the 6 common law defences

Answer 2

Same automation
Impossibility
Intoxication
Consent
Necessity
Mistake

Question 3

What is a conspiracy?

Answer 3

An agreement between two or more people to commit an offence

Mulcahy v R

Question 4

Mulcahy v R

Answer 4

Conspiracy is more than just an intention. It’s an agreement of two or more to do an unlawful act.

“The very plot is the act itself”

Question 5

According to R v white, is it necessary to ID co conspirators?

Answer 5

No

Question 6

What does R v Harpur say you must evaluate regarding attempts?

Answer 6

Time place circumstances

1 act alone may only amount to preparation

Question 7

According to R v Sanders, when does conspiracy end?

Answer 7

It does not end with the agreement, it continues in operation and is in existence until the completion of the offence or abandonment of the agreement.

Question 8

Why is conspiracy important when regarding the heresay rule?

Answer 8

Conspiracy is an exception to the heresay rule

Therefore offenders should be jointly charged.

Question 9

Regarding conspiracy and attempts, what does the judge decide?

Answer 9

Matters of Law

Ie: is there sufficient proximity, have we moved from preparation

Question 10

Regarding conspiracy and attempts, what does the jury decide?

Answer 10

Whether the facts are proved

Ie: are the defendants actions close enough to constitute an attempt
What’s their intent etc

Question 11

Intent alone is not an attempt… why?

Answer 11

Because some action is required.

Question 12

For an attempt offence to be complete, what must be present?

Answer 12

Mens Rea (intent to complete offence)
Actus Rea (a step in the actual crime)
Proximity

Plus it’s got to be legally possible of course

Question 13

Physically impossible (R v Ring)
Can you still be liable?

Answer 13

Yes!

R v Ring refers to putting the hand into the pocket, believing there to be a thing to steal. Physically impossible bc the pocket was empty, but can still be liable because mens Rea, actus Rea and proximity are met

Question 14

Legally impossible (R v Donnelly)
Can they be liable for an attempt?

Answer 14

No!

In R v Donnelly the suitcase had been returned to the owner so it was not legally possible to charge with receiving. Therefore the offender was not liable for attempted receiving

Question 15

Parties to an offence must intentionally help the principle offender ______ or _______ the offence

Answer 15

BEFORE OR DURING!

Question 16

What did R v Russel state?

Answer 16

In a SPECIAL RELATIONSHIP the person is morally bound to intervene so deliberate abstention made Mr Russel liable as a party to the murder

Question 17

According to R v Renata, if you can’t ID the principle offender in a group, what would you do?

Answer 17

Charge all as parties because you can say that each individual was involved somehow

Question 18

According to Larkins v Police, if a principle offender doesn’t know he has someone else aiding him, is the party aiding him still liable?

Answer 18

Yes

Question 19

What does R v Betts and Ridley state?

Answer 19

Where no violence is contemplated but the principle offender does violence and the secondary offender takes no part, the secondary offender is not liable for the violence

Question 20

What are the two exceptions to the usual prosecution standard of proof? (Beyond reasonable doubt)

Answer 20

1. Strict liability offences (defence must prove total absence of fault to get off)
2. Total liability offences (you can’t get off)

Question 21

Describe what is a Causal Link?

Answer 21

You must show a causal link between an act and its consequences. Ie the final result would not have occurred but for the offenders actions

Question 22

What 4 things would someone need to do to be considered an accessory after the fact?

Answer 22

Knowing the person has been a party to an offence…

1. Assist
2. Receive
3. Comfort
4. Actively tamper/suppress evidence (more than silence alone)

To help them…

Question 23

What are the 3 intentions of someone who is an accessory after the fact?

Answer 23

To help them…
1. Avoid arrest
2. Escape after arrest
3. Avoid conviction

Question 24

What does R v Mane say about the timing of an accessory after the fact?

Answer 24

They must help AFTER THE COMPLETION OF THE OFFENCE

Question 25

According to R v Crooks, an accessory after the fact must have more than _____________?

Answer 25

Mere suspicion of the person’s involvement in the crime

Question 26

How might you infer an accessory’s knowledge tbat the person has been a party to an offence?

Answer 26

R v Briggs

You can infer they had knowledge through wilful blindness or deliberately not enquiring to confirm the suspected truth