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Flashcards in Association offences Deck (21)
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1
Q

What the are 3 elements to prove in an attempt

A

1- Intent to commit in offence (mens rea)
2- Act that they did or omitted to do so (Actus Rea)
3- Proximity- the act was close enough

2
Q

What is an act

A

To act or do something to bring a result

3
Q

What is a omission

A

The action of exuding or leaving out. Failure to fuflil obligation

4
Q

What was found in R v Ring

A

it is this case the offender intent was to steal by putting his words into the pocket and stealing the wallet. not unknown to him the pocket was empty. despite this is still able to convicted of attempted theft as his intent was to steal. The property was present in his mind and shown by his actions.

5
Q

What the 3 case law for physicall impossible

A

R v Ring
Higgins v Police
Police v Jay

6
Q

In relation to legally impossible what was found in R v Donnolly

A

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person. it is not an offence to to receive it.

7
Q

What is the function of the judge

A

The judge must decided if the defendant had left the preparation judge and was trying to effect completion of the full offence

8
Q

What is the function of the jury

A

they must decided if the facts presented by the crown have been proved beyond reasonable doubt and if so must decide if the acts are close enough for the full offence.

9
Q

When are not able to charge with attempt

A

1- offences depends on recklessness or negligence eg - manslaughter
2- An attempt is included in the definition eg- Assault
3- The offence is such the act has been completed.

10
Q

When charging a person with party to an offence what are 3 things you must prove?

A

1- ID of the offenders
2- An offence has been committed
3- The elements of S66(1)

11
Q

When is conspiracy complete?

A
  • When the intended crime has been committed
12
Q

What are the elements of conspiracy?

A

1 - 2 or more person involved
2 - An agreement was made
3 - Agreement was to commit an offence and at the time of the agreement their intention was to commit an offence

13
Q

What is the act, section and penalty for conspiracy?

A

S310 CA61

7 yrs

14
Q

What the elements of a party S66(1) CA61

A
  • Actually commits the offence
  • Does or omits an act for the purpose of aiding any person to commit an offence
  • abets any person in the commission of an offence
  • incites, councils or procures any person to commit an offence
15
Q

Discuss the elements of S246(3) in relation to possession?

A

The act of receiving any property stolen or obtained by any imprisonable offence is complete when the offender has exclusively or jointly with the theft possession of or control over the property or help concealing or disposing it.

16
Q

Explain what has held in R v Lucinsky in relation to the property exchange?

A

R v Lucinky
- The property must be stolen or illegally obtained and not some other item which the illegally obtained property had been exchanged or which are the proceeds.

17
Q

In order to avoid tittle what 3 things must happen?

A

1 - Communication directly with the deceiver
2 - Taking all reasonable and steps to bring it to the deceivers notice
3 - Advising Police of the circumstances of the deception

18
Q

What is title defined as?

A

Title means a right or claim to the ownership of the property. Title or ownership of a thing is legal right to possession of that thing

19
Q

What are the 4 elements relation to possession of receiving? Explain R v Cullen

A

1 - awareness the the item is where it is
2 - awareness that the item has been stolen
3 - actual or potential control of the item
4 - an intuition to exercise control over it

20
Q

What 5 ways of proving knowledge?

A

1 - Possession of recent stolen property
2 - Purchased undervalue goods
3 - Receipt for goods in unusual place
4 - Concealment of property to avoid discovery
5 - Removal of ID marks or features

21
Q

What is voidable title?

A

It means when an innocent party buys property that has been obtained by deception and before the title is avoided. The purchased has brought good title property

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