Evolution Of Offence

Question 1

What’s is Mens Rea and Actus Reus

Answer 1

Mens Rea - presence of a guilty mind

Actus Reus - criminal conduct

Question 2

What is meant by standard of proof beyond reasonable doubt

Answer 2

The prosecution is required to prove that no other logical explanation can be derived from the facts except that the defendant committed the offence

Question 3

What are strict liability and absolute liability offences

Answer 3

Strict liability offence - prosecution only needs to prove that the defendant committed the actus reus. Burden of proof then shifts to the defendant to prove total absence of fault

Absolute liabilty offence - the prosecution only needs to prove that the defendant committed the actus reus. The defendant is liable regardless

Question 4

Under section 310(1) what is a conspiracy

Answer 4

1. Two or more people involved
2. An agreement was made
3. The agreement was to commit an offence
4. At the time of the agreement their intention was to commit the offence

Question 5

What is mens rea and actus reus for conspiracy

Answer 5

Mens rea - an intention of those involved to agree and that the relevant course of conduct should be pursued by those party to the agreement

Actus reus - physical agreement between two or more people

Question 6

What is the 3 conditions for an attempt under section 72(1)

Answer 6

1. Intent (mens rea)
2. Act (actus reus)
3. Proximity

Question 7

What is a question of fact

Answer 7

Question decided by jury

Question 8

What is a question of law

Answer 8

Question decided by judge

Question 9

What is case law Harpur

Answer 9

In assessing the conduct there must be a full evaluation in terms of time, place and circumstances. What remains to be done is always relevant but not determinative

Question 10

3 situations unable to charge with attempt

Answer 10

1. Criminality depends on recklessness eg manslaughter
2. An attempt to commit an offence is included within the definition eg assault
3. The offence is such that the act has to have been completed in order for the offence to exist eg demanding with menaces

Question 11

What 2 situations is a person considered wilfully blind

Answer 11

1. Where the person deliberately shuts their eyes and fails to inquire this is because they knew what the answer would be
2. 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 to not know

Question 12

What are four elements under 71(1)

Answer 12

Accessory after the fact

1. That an offence was committed by the person received, comforted or assisted by an accessory
2. That at the time of receiving, comforting or assisting that person the accessory knew that person was a party to the offence
3. That the accessory recieved, comforted or assisted that person or tampered with or actively suppressed any evidence against that person
4. That at the time of receiving, comforting or assisting the accessory purpose was to enable that person to escape after arrest or to avoid arrest or conviction

Question 13

What is simester and brookbanks

Answer 13

Knowing means knowing or correctly believing the belief must be a correct one where the belief is wrong a person cannot know

Question 14

What is section 66(1)

Answer 14

everyone is party to an guilty of an offence who:

(a) actually commits the offence
(b) does or omits an act for the purpose of aiding any person to commit the offence
(c) abets any person in the commission of the offence
(d) incites, counsels or procures any person to commit the offence

Question 15

5 statutory defences under CA 61

Answer 15

1. Infancy
2. Defence of self or another
3. Defence of property
4. Insanity
5. Compulsion

Question 16

What are 2 elements there must be for the mens rea of a secondary party

Answer 16

1. Secondary party must intend their actions and also intend that it will assist principals actions
2. Secondary party must have knowledge of the essential matters which make the principals actions an offence

Question 17

Define aids

Answer 17

Assist in commission of offence either physically or giving advice and information

Question 18

Define abets

Answer 18

Means to instigate or encourage

Question 19

Define incites

Answer 19

Means to rouse, stir up, stimulate, urge or spur on a person to commit the offence

Question 20

Define counsels

Answer 20

Means to intentionally advise a person on how to best commit an offence or planning commission of an offence

Question 21

Define procurement

Answer 21

Setting out to see that something happens and taking the appropriate steps to ensure that it does