Association

Question 1

What is the mental intent for conspiracy

Answer 1

Intention of those involved to agree AND an intention that the relevant course of conduct should be pursued by those party to the agreement AND intent to commit the full offence

Question 2

circumstantial evidence from which an offenders intent can be inferred can include

Answer 2

• Offenders actions and words before, during and after event
• the surrounding circumstances
• the nature of the act itself

Question 3

What is the physical element of conspiracy

Answer 3

The agreement between two or more people to put their common design into effect. Agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy

Question 4

Withdrawing from agreement (conspiracy)

Answer 4

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

Question 5

R v Sanders

Answer 5

A conspiracy does not end with the making of the agreement. The conspirital agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged

Question 6

Mulcahy and R

Conspires

Answer 6

A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act by u lawful means

Question 7

Conspiracy

Definition

Answer 7

• mulcahy v R
• R V Sanders
• The conspiritorial agreement requires the operation of both the physical and mental faculties
• the actua Reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect
• the mens rea (mental intent) necessary for a conspiracy is an intention of those involved to agree AND an intention that the relevant course of conduct should be pursued by those party to the agreement.

Question 8

Conspiracy

Between two or more persons

Answer 8

A person cannot conspire alone; there must be another conspirator for an offence to be committed

Question 9

Section 67, Crimes Act 1961

Answer 9

A husband and wife or Civil union partners can commit conspiracy

Question 10

R v White (1945) GLR 109

Answer 10

The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown

Question 11

Offence

Answer 11

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories

Question 12

Churchill V Walton

Answer 12

The conspirators need not know it is an offence but must know the act is unlawful

Question 13

Knowing (AATF)

Answer 13

The accused must have knowledge that the person that they are being an accessory to was party to an offence at the time of assisting them.

Knowing means knowing or correctly believing SIMESTER AND BROOKBANKS : PRINCIPLES OF CRIMINAL LAW

The defendant may believe something wrongly, but cannot know something that is false

Question 14

R V Crooks

Answer 14

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence

Question 15

R v Briggs

Answer 15

Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth

Question 16

Party

S66(1) CA 61

Answer 16

Defined as being anyone who

• commits the offence
• does or omits an act for the purpose of aiding any person to commit the offence
• Abets any person in the commission of the offence
• incites, counsels, or procures any person to commit the offence

Question 17

A person charged with being an accessory after the fact

Answer 17

…is entitled to insist on proof of the principal crime and to challenge the evidence of it even if the principal offender has pleaded guilty

Question 18

Receives/comforts or assists

Answer 18

The accused does a deliberate act for the purpose of assisting the person that evade justice. The act done must actually help the person in some way

Question 19

Tampers with/Actively Suppresses Evidence

Answer 19

Must do a deliberate act in relation to evidence against the offender for the purpose of assisting the person to evade justice. The act must actually help the person

Question 20

R V Mane

Answer 20

To be considered an accessory the acts done by the person must be after the completion of the offence

The act must have specifically assisted the offender after they had been arrested

Question 21

To avoid arrest or conviction

Answer 21

All acts must be done by accused with the express intention that the person evades justice either by avoiding arrest or conviction

Question 22

Conspiracy

Tops and sides

Answer 22

Section 310(1)
7 years imprisonment
1. Conspires
2. With any person
3. To commit an offence

Question 23

Accessory after the fact

Answer 23

Section 71(1) CA61
Under 10 years - 1/2
10 years or more - 5 years
- life imprisonment - max 7 years
1. Knowing any person to be a party to an offence
2. Receives, comforts or assists that person OR Tampers with or actively suppressed any evidence against him
3. In order to help him to escape after arrest OR to avoid arrest or conviction