Multichoice Flashcards
(19 cards)
Matt gets angry at his mechanic and takes a swing at this face but misses him. What Matt charged with?
Assault
When is a party’s offence committed?
Before or during the offence.
Definition of interest in crimes act?
Legal or equitable estate or interest in the property
Matt released from prison, discusses burglary with Jeff and john, he does not agree, Jeff and john caught waiting for shop to close, what charged?
Matt should not be charged with conspiracy as he did not agree
Todd and Jeff plan to kill cow for cash, Todd shoots and gives to Jeff who sells it and gives Todd 30%, who charged with what?
Both parties to theft
Security guard decides to burgle own work place, drives to work to check alarm so he can burgle it later?
His actions are mere preparation
Matt committed crime, goes to girlfriend and tells her, she receives him and hides him from Police, her liability?
Accessory after the fact
When can charge of perjury commence?
When recommended by Courts or directed by the Police commissioner
Police Sgt watching Constables assault prisoner?
Liable as secondary party to the assault
Unlawful benefiting from significant criminal activity?
Unlawful benefit as soon as receive cash from purchases; how deal with cash irrelevant
Who can complete restraint application?
Only members of asset recovery units may apply for restraining orders etc
Guy kills someone, lies to flatmate and asks her to get rid of clothes, she throws away, next day he comes clean and tell her the truth?
Cannot charge AATF or party
Withdrawing from an agreement?
A person withdrawing from the agreement is still guilty of conspiracy as are those who become party to the agreement after it has been made. However a person can effectively withdraw before the actual agreement is made.
When act physically or factually impossible?
R v Ring (hand in empty pocket), Higgins v Police (cultivates plants thinks cannabis), Police v Jay (hedge clippings thinks cannabis)
An innocent agent
An innocent agent carries no liability and is not capable of conviction as a secondary party (parties).
Several acts together may constitute an attempt - Attempts to commit an offence
Several acts together may constitute an attempt. ‘his actions need not be considered in isolation; sufficient evidence of his intent was available from the events leading up to that point.’
The test for proximity - Attempts to commit an offence
The following questions should be asked in determining the point at which an act of mere preparation may become an attempt:
• Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? Or
• Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
Incites - Parties to offences
To incite means to ‘rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence
Control over property – Receiving
Control over property may still be exercised by a receiver when the property is in the possession of the receiver’s agent or servant – control must be intentional
