Association offences Flashcards
What does the prosecution have to prove for a conspiracy charge?
- Two or more people were involved
- An agreement was made
- The agreement was to commit an offence and
- At the time of the agreement their intention was to commit the offence
What is the relevant case law for a conspiracy charge?
Mulcahy v R - this is the case law that outlines what constitutes a conspiracy
At what point of the ‘agreement’ can one party withdraw and still be charged with conspiracy?
Only after the agreement is made. If they withdraw before the agreement was made they are not liable
What is the mens rea necessary for a conspiracy?
- 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
What is the actus reus necessary for a conspiracy?
The agreement between two or more people to put their common design into effect. There is no requirement for the illegal activity to actually take place.
What three conditions must apply for an ‘attempt’ conviction to succeed?
- Actus reus
- Mens rea
- Proximity
What does R v Ring say about intent?
Even if it is impossible to carry out the intended crime, an attempts charge can still be sought (e.g. a pickpocket tried to steal property from a pocket but there was none inside)
What does R v Harpur state about attempts?
Each case should be examined individually - the time, place and circumstances will determine if the attempt took place
What does R v Wilcox say about attempts?
The defendant’s act must be the commencement of the execution of the intended offence; a step in the actual crime itself. In other words, the defendant “must have begun to perpetrate the crime”
CA 1961 S66 Parties to Offences
(1) Everyone is party to and guilty of an offence who…
(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.
What is a principal party?
A person will be a principal offender where he or she personally satisfied the actus reus and mens rea of the offence
What is the required mens rea for secondary participation?
- The secondary party must intend his or her own actions and also intend that it will assist the principal’s actions; and
- The secondary party must have knowledge of the essential matters which make the principal’s action an offence
How is ‘aids’ defined?
To aid means to assist in the commission of the offence, either physically or by giving advice and information. In order to aid, the presence of the person offering the aid is not required at the scene, before, or at any time of the offence being committed
How is ‘abets’ defined?
Abets means to instigate or encourage; that is, to urge another person to commit the offence. As with aiding, the presence of the abettor at the scene of the offence at the time of its commission is not required
How is ‘incite’ defined?
To incite means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence
How is ‘counsel’ defined?
Counsels means to intentionally instigate the offence by advising a person(s) on how to best commit an offence, or, planning the commission of an offence by another person. Counselling may also mean ‘urging someone to commit an offence’ in which case it will overlap with incitement
How is ‘procurement’ defined?
Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does. “Procures” requires that the secondary party deliberately causes the principal party to commit the offence. It requires a stronger connection between the secondary party and the commission of the offence than is evidenced in aiding, abetting or inciting
What are the elements for accessory after the fact?
- That an offence was committed by the person received, comforted or assisted by an accessory
- That, at the time of receiving, comforting or assisting that person, the accessory knew that person was a party to the offence
- That the accessory received, comforted or assisted that person or tampered with or actively suppressed any evidence against that person
- That, at the time of receiving, comforting or assisting, the accessory’s purpose was to enable that person to escape after arrest or to avoid arrest or conviction
What does R v Mane say about an accessory after the fact?
To be considered an accessory the acts done by the person must be after the completion of the offence
What does R v Crooks say about an accessory after the fact?
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. Mere suspicion of their involvement in the offence is insufficient
What is ‘wilful blindness’?
R v Briggs - as with a receiving charge, knowledge may also be inferred from a wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth
What is the actus reus of an accessory charge?
The accessory must do a deliberate intentional act (receives, comforts, assists, tampers with or actively suppresses evidence with the purpose of helping the offender to evade justice by escaping after arrest, avoiding arrest ot avoiding conviction
