Evolutions Of Offence

Question 1

What two elements need to exist for an offence to occur?

Answer 1

Latin term
Actus Reus i.e. the deliberate act.

Men’s Rea i.e the specific result, guilty knowledge.

Question 2

How is intent proven?

Answer 2

R v Callister

The actions/words from the offender prior during and after the event.

The surrounding circumstances.

The nature of the incident.

Question 3

What is the subjective test?

Answer 3

The thoughts of the offender. What’s was s/he thinking at the time.

Question 4

What is the objective test?

Answer 4

What would a reasonable person think of the offenders actions & risks involved.

Question 5

What is wilful blindness?

Hint: suspended driver

Answer 5

Turning a blind eye. Suspecting illegal activity but wilfully not making inquiries to confirm the facts.

Question 6

What is the chain of causation?
(The action of doing something)

Answer 6

Must be a connection between the acts of the offender and the final consequence. Basically the defendants actions must have caused the offence.

Question 7

What are the two types of defence?

Answer 7

Statutory- written law

Common law - Case law examples

Question 8

Name the statutory defences

Answer 8

Infancy
Self defence/ defence of another
Insanity
Compulsion

Question 9

Name the common law defences

Answer 9

Impossibility
Necessity
Consent
Intoxication
Mistaken
Sane Automatism (sleepwalking)

Question 10

What is the act & section for conspiracy?

Answer 10

CA61 s310

Question 11

What is the case law for conspiring to commit an offence?

Answer 11

Mulcahy v R

Conspires to commit an offence only becomes an offence if two or more people make an agreement AND do the unlawful act.

As long as the intention isn’t carried out there isn’t any liability to anyone.

Question 12

What’s the exception with a person involved in a conspiracy offence?

Answer 12

If they can provide proof that they withdrew their agreement with the intended plan BEFORE anything was carried out. That person isn’t criminally liable. Basically getting cold feet.

Question 13

What are the three factors for the attempting element of committing a crime?

Answer 13

1. Intent
2. Act
3. Proximity

Question 14

What is the case law for attempts

Answer 14

R v Harpur

The court is permitted to focus on more the quality of the defendants actions, with time, date and circumstances in which the offence occurred.

Example: rapist preparing the offence by collecting rope, waiting by the river in the dark. Collectively this is sufficient but singularly insufficient.

Question 15

What is the responsibility of Judge & jury?

Answer 15

Judge has the question of law.

Jury has the question of fact.

Question 16

What are the two impossibilities with an offence?

Hint: physical or legal

Answer 16

Physical
With Physical impossibility the offender is still criminally liable.

E.g reaching into a pocket to steal wallet when it’s not there.

Legal

Question 17

What is Legal impossibility?

Hint: Receiving

Answer 17

Offender can’t be charged if can be proven they have acted legally or done the right thing.

E.g. returned stolen property to the owner after receiving it.

Question 18

Explain R v Donnelly

Answer 18

Where stolen property has been returned to the owner or legal title to any such property has acquired by any person.

Question 19

Attempts

Explain R v Ring

Hint: pocket

Answer 19

The offenders intent was to steal property by putting his hand into the victims pocket. Unbeknownst to the offender the pocket was empty. Charged with attempted theft by still demonstrating intent and actions.

Question 20

Explain Higgins v Police

Hint: Tomatoes

Answer 20

The offender intended on growing cannabis when in fact it was a tomato plant. Still criminally liable. Stupid isn’t a defence.

Question 21

Parties

Do parties to the offence need to have an equal involvement?

Answer 21

No, e.g. a person acts as a lookout at a burglary etc. still treated as a party to the offence.

Question 22

What act & section is parties to the offence??

Answer 22

CA61 s 66(1)

Question 23

Parties

Explain s66(2)

Hint: relationship

Answer 23

On the account of the special relationship the offender has knowledge of the offence and wilfully witnesses this, the person can be be charged with party to the offence.

Question 24

Parties

Explain R v Russell

Hint: children/bath

Answer 24

Special relationship. Both parents were charged while mother drowned there children. Court held the view that husband had knowledge and morally bound to save his children. But his deliberate absence of this and the authority of his presence, constituted his approval to his wife made him an aider & abettor. Thus he was a secondary offender.

Question 25

Accessory after the fact What is the act and section?

Answer 25

CA61 s71

Question 26

What must be proven to be charged with accessory after the fact? Hint: involvement

Answer 26

1. Person knew about the offence 2. Person assists offender to avoid justice. Taking them in etc. 3. Person comforts offender by providing food and drink 4. Person actively tampers with stuff hides or gives false info about it.

Question 27

Parties Explain R v Renata

Answer 27

Where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been the principal or party to the offence s66(1).

Question 28

Conspiracy Explain case law R v Sanders Hint: The ending.

Answer 28

Conspiracy doesn’t end with making of agreement. It continues in operation until it is completed in action or abandoned.

Question 29

Once an offender has committed acts that are proximate to the full offenc. There are three situations that do not amount to a defence to the charge. What are the three situations?

Answer 29

- Being interrupted. - Failed to complete due to ineptitude. - Physically impossible, reaching to steal wallet from pocket that isn’t there.