Appreciation, Evolutionary Offences Flashcards
AFCO - AIM?
Whole adjective, review Info, identify commanders intent. Starts with “to”.
AFCO - Factors?
Factors are facts, influences or circumstances contributing to your aim.
So what?
Therefore.
AFCO - Courses Open?
What could be done, bearing in mind the factors and deductions made from the factors.
Courses open to other parties eg. Offender, what have they done?
Courses open to Police eg. Advantages and disadvantages to each course open.
AFCO - Outline Plan?
Having found the best course, outline plan as a result from your appreciation.
Plan must be clear, definite and a practical proposal in a way to achieve your aim.
Common practice is to use GSMEAC.
Commanders Intent / Constraint
Intent: what you’ve been tasked to do.
Constraint: Limitations with that task.
A crime consists of:
- The commission of a guilty act (actus reus)
2. Presence of a guilty mind (mens rea)
Standard of Proof
Beyond Reasonable Doubt.
Prosecution must prove that there is no other logical explanation derived from the facts other than the defendant committed the offence.
Strict liability offences
Pretty sure these are public welfare offences where only the actus rea needs to be proved by prosecution then the burden of proof is shifted to the defendant to prove “total absence of fault”
Absolute liability offences
Where prosecution only needs to prove the actus rea and the legal responsibility for the offence commited does not require proof of fault. Eg. carelessness or recklessness.
What are the two types of defences?
- Statutory (specifically provided in Crimes Act 1961).
2. Common law defences.
Statutory defences provided for In Crimes Act 1961.
- Infancy (s21 under 10 y/o)
- Defence of self or another (s48)
- Defence of property (s52-54 reasonable force but must not strike or cause bodily harm)
- Insanity
- Compulsion (s24 threats of death or GBH and that person is present during the commission of the offence)
Common Law Defences
INCIMS
Impossibility - literally impossible
Necessity - choice of two evils, the lesser breaking the law
Consent - Sexual and Assault. Consent does not cover if actual bodily harm was intended or caused. As well as murder… Obv.
Intoxication - Mens Rea.
Mistake - Expressly or implication - must prove intent, knowledge or recklessness.
Sane Automatism - Action without conscious volition
Conspires to commit
A conspiracy relies on two or more people forming an agreement to do an unlawful act (intent must be present) . Or do a lawful act by unlawful means.
What’s Mulachy v R?
IT’S A CONSPIRACY!
This case law outlines that two or more persons are needed to agree to an unlawful act for it to be an act in itself.
What’s Omission?
When defendants may be guilty of conspires does not commission the offence.
Withdrawing from an agreement
STILL GUILTY if you withdraw after the agreement is made. Other persons may go onto be parties to or commit the offence.
Attempts to commit
Mere intent does not count 😔
Accused needs to have done something or omitted the objective.
Conditions that must apply for an ‘attempt’ conviction to succeed?
Mens rea
Actus reus
Proximity - that their act or omission was sufficiently close
Attempt and Complicity
So under s66 (parties to an offence) if you do or omit an act for the purpose of aiding any person to commit an offence, you are guilty of attempts to commit that offence.
It’s irrelevant if the offence was impossible to complete because the principal offender did not carry out their part.
A question of fact - Intent
Whether intent exists or not is a question of fact, the fact finder or jury decides.
What’s R v Kingi
All though nothing was in the women’s pocket to steal, the defendants intent was still to steal items out if her pocket. Therefore doing an act to accomplish his object.
What is R v Harpur?
Too many scenarios for the court to predict, must take every scenario case by case and take a practical approach.
Question of law - Proximity
Proximity is a question of law, it is a question decided by a judge based off the facts.
What’s R v Wilcox?
Defendant must have begun to perpetrate the crime
Define Parties
When a party incites counsels or procures, aid or abets the principal party before or during the commission of the offence.
R v Mane?
Accessory
To be considered an accessory the acts done by the person must be after the completion of the offence.
Wilful blindness
Deliberately shuts their eyes to inquire
Or
In situations where the means of knowledge are easily at hand, realizes the likely truth but refrains from inquiring.
Actus Reus of accessory
RACTA
Intentional act assisting person to evade justice
Receives Comforts Assists Tampers with evidence Actively suppresses evidence
