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Sum 2 Exam > Crimes Act 1961 > Flashcards

Crimes Act 1961 Flashcards

1
Q

61(1)

A

PTO 61(1): Parties to offences; a) actually commits offence, b) aids any person to commit offence, c) abets any person in the commission of offence, or incites/counsels/procures a person to commit offence

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2
Q

61(2)

A

PTO 61(2): Parites to offence; two or more people form a COMMON INTENTION to commit an offence. Each person is criminally liable for any offence committed by any person, where offence was a PROBABLE CONSEQUENCE of the agreed plan

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3
Q

72(1)

A

A person is guilty of ATTEMPT if they have the intent and do

an act, or omit an act, to accomplish their objective.

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4
Q

125

A

SEX 125: Indecent Act in Public;

willfully does any indecent act,

in any PUBLIC PLACE.

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5
Q

126

A

SEX 126: Indecent Act with intent to insult or offend;

with intent to insult or offend any person,

does any indecent act,

IN ANY PLACE.

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6
Q

128(1)(a)

A

SEX 128(1)(a):

Sexual Violation by Rape;

..penetration of genitalia by penis

  • without consent
  • and without believing on reasonable grounds they consented
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7
Q

128(1)(b)

A 
SEX	128(1)(b): 
Sexual Violation by Unlawful Sexual Connection;

…has unlawful sexual connection

  • without consent
  • and without believing on reasonable grounds they consented
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8
Q

128A outlines circumstances where in sexual activity a person does not provide a legal consent.

List those circumstances.

A

i) A person doesn’t consent just because does not protest or offer physical resistance,
ii) if person allows activity because of force/threat(implied or expressed)/fear, if asleep/unconscious,
iii) if so affected by alcohol or some other drug they cannot refuse or consent
iv) if 1M and cannot refuse or consent,
v) if mistaken about the persons identity,
vi) if they allow the act because they are mistaken about its nature and quality

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9
Q

135

A

SEX 135: Indecent Assault;

indecently assaults, another person (same as assault but accompanied by circumstances of indecency)

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10
Q

216H

A

SEX 216H:

It is an offence for everyone who intentionally or recklessly makes an intimate
visual recording of another person.

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11
Q

310

A

ACO 310: Conspiracy;

conspires, with any person, to commit any offence.

CONSPIRACY = an agreement between two or more people to commit any offence.

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12
Q

315(2)(a)

A

POA 315(2)(a): Any constable or whom they call into their assistance, may arrest without warrant any person who: HE FINDS disturbing the public peace or committing any offence punishable by imprisonment.

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13
Q

315(2)(b)

A

POA 315(2)(b): … HE HAS GOOD CAUSE TO SUSPECT of having committed a breach of the peace OR any offence punishable by imprisonment.

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14
Q

What is the definition of ‘consent’?

A

“A person’s conscious and voluntary agreement to something desired or proposed by another”

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15
Q

What is the penalty of being a party to an offence?

A

The same as if you actually committed the offence.

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16
Q

For party to charges what do you need to do?

A

add section 66(1)” to end of actual offence, e.g. “Crimes Act 1961, section 241 and section 66(1)”, same as 66(2)

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17
Q

What is the general rule for conspiracy?

A

Not an offence to think about commiting an offence, or even beging preparing to commmit offence. However, as soon as you behin to plan an offence with another person, offending begins.

18
Q

Can you attempt any offence?

A

S72 doesn’t cover all offences as attempting to do something may already be an offence such as assault

19
Q

What are the three requirements for an attempt?

A

1) intent (mens rea), 2) act (actus reus), 3) proximate

20
Q

Can you attempt an offence if you couldn’t physically commit the offence?

A

Yes, physical or factually impossibility is not a defence to attempting an offence

21
Q

What is the penalty for attempting life imprisonment offences?

A

10 years.

Other penalties, half the max penalty

22
Q

How do you prove a section 310 offence?

A

Admissions from offenders,

Electronic surveillance,

Undercover police officer

23
Q

What two things must you prove for an ‘attempt’ case?

A

i) intended to commit an offence

ii) did, or omitted to do, something to achieve that end.

24
Q

Give some examples of substantive offences that are ‘attempts’.

A

i) attempting to pervert the course of justice
ii) attempted sexual violation
iii) attempted murder
iv) attempted dishonest using/dishonest taking
v) dishonest arson

25
Q

What are the three acts that are used in determining whether something is proximate?

A

i) The ante-penultimate act, necessary to commit the offence is sometimes proximate, e.g. pull out gun.
ii) The penultimate act, necessary to commit the offence is usually proximate, e.g. aiming the gun at someone
iii) The ultimate act, necessary to affect the offence is always proximate, e.g. shooting someone

26
Q

310 CA, 28 SO, 72 CA, 66 CA

A

Conspiracy

Preparing to Commit an Imprisionable Offence

Attempt to Commit any Offence

Party to an Offence

27
Q

72(3)

A

Any act done or omitted with intent may constitute an
ATTEMPT, if it is immediately or proximately connected with
the intended offence.

28
Q

What are the five ways you can assist in an offence under 66(1)?

List a synonym for each way.

A 
Aids = helps
Abets = encourages/assists
Incites = Urges/stirs up
Counsels = Give advice/plans
Procures = Obtains/acquires
29
Q

If the owner is sitting in the passenger seat of a car where the driver is driving dangerous, and the owner is NOT protesting the driver to stop, does the owner commit an offence?

A

Yes, he is a party to dangerous driving under section 66(1).

30
Q

If someone is a party to dangerous driving and the person who committed dangerous driving is acquitted of the charge, can that person still be charge with party to dangerous driving?

A

No.

Where an offence can be committed only by a person of a designated
class, such as a driver, and that person is acquitted, no other person can be
convicted as a party to that offence.

31
Q

If one parent ill-treats a child and the other parent doesn’t intervene, can they be charged with party to the abuse?

A

Yes,

As a parent has a duty to intervene to prevent ill-treatment of their child by other parent.

32
Q

How can a female commit rape?

A

Under 66(1) by being a party to rape.

33
Q

What is the definition of ‘indecent act’ under the Crimes Act 1961?

A

The term “indecent” is not clearly defined under the
Crimes Act 1961 and it would be appropriate to use
the Oxford Dictionary definition of the word
“indecent” to define it.

The word “indecent” means “not conforming with
generally accepted standards of behaviour, especially in
relation to sexual matters”.

34
Q

Is there a defence for section 125?

A

Yes.

The defendant proves that they had reasonable grounds for believing that they
would not be observed.

35
Q

Which sex offences, that we have covered, have defences?

A

27 Summary of Offences Act 1981

125 Crimes Act 1961

36
Q

If A and B have both consented to making a IVR and A uploads the IVR online WITHOUT B’s consent, has A committed an offence?

A

No.

..MADE in
any medium using any device without the knowledge or consent of the
person who is the subject…

37
Q

Section 216G outlines what an intimate visual recording is.

What is one? (IPV)

A

The definition of intimate visual recording is:

  1. A visual recording (photograph, digital image or recording) that is made in
    any medium using any device without the knowledge or consent of the
    person who is the subject of the recording, and the recording is of –

a) A person who is in a place which, in the circumstances, would be
reasonably be expected to provide privacy, and that person is –
i. Naked or has his or her genitals, pubic area, buttocks, or female
breasts exposed, partially exposed, or clad in undergarments; or
ii. Engaged in an intimate sexual activity; or
iii. Engaged in showering, toileting, or other personal bodily activity
that involves dressing or undressing; or
b) A person’s naked or undergarment-clad genitals, pubic area, buttocks or
female breasts which is made -
i. From beneath or under a person’s clothing; or
ii. Through a person’s outer clothing in circumstances where it is
unreasonable to do so.

  1. …and includes an intimate visual recording that is made and transmitted in
    real time without retention or storage in –
    a) A physical form; or
    b) An electronic form from which the recording is capable of being
    reproduced with or without the aid of any device or thing.
38
Q

Under 128(1)(b) Unlawful Sexual Connection, what does ‘sexual connection’ mean?

A

Connection effected by the introduction into the genitalia
or the anus of one person, otherwise than for genuine
medical purposes, of:

• any part of the body of the another person
or

• an object held or manipulated by the another person
or

• connection between the mouth or tongue of one
person and a part of another person’s genitalia or anus

or
• continuation of connection of a kind described above

39
Q

What is the key element of sexual violation?

A

Consent, or absence thereof.

40
Q

What is your power of arrest for Crimes Act 1961 sexual offences?

A

315(2)(a) or 315(2)(b)

Sum 2 Exam (15 decks)

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