Evolution of the Offence

Question 1

What makes up a crime?

Answer 1

Actus reus and Mens rea

(guilty act and guilty mind)

Question 2

What are the two types of defences?

Answer 2

1. Statutory (legislated E.G self defence or under age of 10)
2. Common Law (case law)

Question 3

Crimes Act 1961, Section 310

Answer 3

Conspiring to commit offence.

Question 4

Definition: Conspiracy

Answer 4

An agreement between two or more people to commit an offence. Must be agreement E.G written agreement.

and must be agreement to follow through.

Question 5

Case Law: Conspires

Answer 5

Mulcahy v R

Question 6

Crimes Act 1961, Section 72

Answer 6

Attempts

Question 7

What three conditions must apply for an attempt conviction to succeed

Answer 7

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

Question 8

What is the role of the judge and jury in relation to attempts?

Answer 8

Judge: Must decide whether the accused had left the preparation stage and was already trying to commit full offence.

Jury: Must decide whether facts presented by Crown proved beyond reasonable doubt and decide if accused acts are close enough to full offence.

Question 9

Crimes Act 1961, Section 66

Answer 9

Parties to offences

Question 10

Every one is a party to and guilty of an offence who:

Answer 10

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

Question 11

Definition: Aids, abets, incites, councils, procures

Answer 11

Aids: Does
Abets: To instigate or encourage or to urge another person to commit the offence.
Incites: Arouse or stimulate
Procures: Produce by endeavor, induced to do something.

Question 12

What do you need to prove in relation to parties? (3 things)

Answer 12

1. The identity of the Defendant, and
2. An offence has been successfully committed, and
3. The elements of the offence (s66(1)) have been satisfied.

Question 13

Crimes Act 1961, Section 71

Answer 13

Accessory after the fact

Question 14

What needs to be proved for accessory after the fact? (4 things)

Answer 14

1. That the person (person A), who is received, comforted or assisted by the accessory (person B) is a party (principal or secondary party) to an offence that has been committed.
2. That, at the time of receiving, comforting or assisting that person (person A), the accessory (person B) knows that person (person A) was a party to the offence.
3. That the accessory (person B) received, comforted or assisted that person (Person A) or tampered with or actively suppresed any evidence agaisnt that person (person A).
4. That, at the time of receiving, comforting or assisting etc, the accessory’s (person B) purpose was to enable that person (person A) to escape after arrest or to avoid arrest or conviction.

Question 15

Definition: Receives, Comforting, Assisting, Tampers, Actively suppresses evidence.

Answer 15

Receives: Harbouring an offender/offender shelter
Comforting: providing food/clothing
Assisting: ie transport, advice, gives false info to the police etc
Tampers: deliberate concealing of evidence
Actively suppresses evidence: Bloodied clothing washed/ burnt

Must have intent for these. Eg mum accidently washes clothes and doesnt see blood would not be accessory after the fact.

Question 16

Can a Defendant be convicted of attempts if the act is legally impossible?

Answer 16

No

Question 17

When does conspiracy end?

Answer 17

Completion of its performance or abandonment or in any other manner by which agreements are discharged.

Question 18

What is wilful blindness?

Answer 18

“turning a blind eye” to the circumstances.

Not the same as knowledge. However, where the accused suspects that the prohibited circumstances cist and deliberately refrains from confirming those suspicions, knowledge may be inferred from this wilful blindness.