Association Offences

Question 1

When is conspiracy complete?

Answer 1

When the agreement is made

Question 2

Can a person withdraw from an agreement?

Answer 2

No. They can still be convicted. They must withdraw BEFORE the agreement is made.

Question 3

Explain the mens rea of conspiracy

Answer 3

• intention of those involved to agree.

* intention that the relevant course of conduct should be pursued by those party to the agreement

Question 4

Explain the actus reus of conspiracy

Answer 4

• the actual agreement

Question 5

Circumstantial evidence of offenders intent

Answer 5

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

Question 6

Laying substantive charge and conspiracy charge is often undesirable because…?

Answer 6

• evidence admissible only on conspiracy charge may have prejudicial effect to other charges
• judge may disallow evidence as it will be too prejudicial
• may unnecessarily complicate/prolong trial
• not founded on evidence it may be quashed
• severance may be ordered- seperate trial

Question 7

3 Elements of an Attempt

Answer 7

1. Intent (men’s rea) to commit offence
2. Act (actus reus) they did or omitted to do to achieve that end
3. Proximity: that their act or omission was sufficiently close

Question 8

The test for proximity

Answer 8

• Has the offender done anything more than getting into position where he could embark on an actual attempt?
• Has offender actually taken step in actual offence itself

Question 9

Proximity is a question of…?

Answer 9

Law. Decided by judge. Based on assumption that the facts of the case are proved.

Question 10

Explain legally impossible act

Answer 10

Where the completed act would not be an offence. R v Donnelly - stolen property recovered by police and returned to owner. Legally and physically impossible for him to receive/ attempt to receive stolen property as no longer deemed stolen