Class 10: Attempts and Conspiracies 100% Flashcards
For a general crime, what is the actus reus and mens rea requirement for an attempt?
For a general crime, the mens rea is the same as the complete crime (attempted robbery versus robbery have same mens rea)
For the actus reus, the only difference is that the actus reus hasn’t been fully committed.
What does it mean when the prosecution cannot prove the full crime, so they ask to prosecute for the “lesser included offence”?
If you have a murder, you automatically have an attempted murder. Thus, if the court cannot prove the full murder, they will ask the court to go for the lesser included offence of attempted murder.
According to the criminal code, what is the definition of attempt (word-for-word)
Everyone who having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt
Must have intent to commit an offence, do something for the purpose of carrying it out=Attempt (just has to have intent and start acting towards it)
What is the four part test for conspiracy?
Sometimes it can be distilled into two elements. What are those two elements?
Do you need an actual act for this?
4- Part Test
1. Crown must prove an intention to to agree.
2. Completion of the agreement.
3. Agreement of a common and unlawful agreement.
4. Intention to put the common unlawful design in effect.
Two Elements:
1. Agreement and Intent
- Common design (Unlawful Objective and Plan)
No act is needed.
CAN Question:
True or false, then explain: Mere preparation is enough to get prosecuted for an attempt crime.
US Question:
True or false then explain: Mere preparation is enough to get prosecuted for an attempt crime.
False. To prove an attempt, you need the mens rea component, but also a actus reus that is beyond mere preparation.
False. Similar to the CAN portion, mere preparation is not enough either.
To prove murder, what is the actus reus and mens rea component?
What about for attempted murder?
Whats the big difference here?
Mens rea is either specific intent to kill or something like intent to cause harm that lead to death. The actus reus is the killing.
For attempted murder, the ONLY ALLOWED MENS REA is intent to kill.
Actus reus is anything beyond mere preparation.
Murder can different types of mens rea, attempted murder can only have one.
Do attempts take place before the crime occurs?
Yes.
R v Ancio
Facts: Irrelevant.
Questions:
1) What is the mens rea required for attempted murder?
2) For attempted murder, can intent to kill alone prosecute?
Holding
1) Remember for attempted murder, the only mens rea you are allowed to prosecute is intent to kill.
2) No, need the actus reus component. Something beyond mere preparation is a requirement for this.
R v Sorell and Bondett
Facts: Happened at KFC. Regular closing was at 11pm. But at 10:45pm they were closing early. 2 men come to the KFC (sorrell and Bondett) they are wearing Baleclavas, the cashier sees these two men, and suspected the robbery. One of the men knocked on the door, they weren’t let in. Cashier saw a gun in the hand of one of the men. Manager called the police, and the men ran away.
Issue: Is this attempted robbery?
1) Assuming that the court finds the actions were not beyond mere preparation, then what?
Holding:
Trial acquitted as the acts were not beyond mere preperation. Need beyond mere preparation in order to convict for any attempt crime.
Court found there were no gestures of threat or violence. Court said the line was not passed for conduct beyond mere preperation.
Thus acquitted.
United States v Dynar
Facts: Irrelevant.
Issue:
1) What does it mean when they say something is factually impossible?
2) Can you get charged for an attempt if it is factually impossible?
3) Can you get charged for an imaginary crime?
4) Is impossibility a defence for conspiracy?
Holding:
Factually impossible means that what you are intending to do cannot actually be done but you did not know this prior.
You can get charged for an attempt (You rob a bank for money when the bank has no money)
You cannot get charged for an imaginary crime (trying to kill someone who doesn’t exist)
Impossibility is not a defence for conspiracy
Is the offence of conspiracy in the criminal code?
Is the definition of what a conspiracy is in the criminal code?
Yes.
Not its definition.
Definition is in the common law.
For a conspiracy, do you need both the mens rea and actus reus component?
What about US conspiracy?
No. Must just be proved there was mens rea. No need for any actus reus.
US conspiracy requires an overt act. It can be mere preparation, but must be something.
What are the two main elements of a conspiracy?
Two main elements
1) Agreement (intent to agree and actual agreement)
2) Unlawful Objective (common design)
R v Innocente
Facts: Accused was charged with conspiracy to traffic. It was for cocaine. He had previously been charged on another crime for weed. He had been found guilty on the weed charge. He entered special plea called autrefois convict. (this means if you are convicted for an offence and you get prosecuted, you can claim autrefois convict as you already prosecuted me for it)
Issue: Are we dealing with one conspriacy or two? If only one, then he shouldnt be prosecuted again.
1) What does it mean when someone has a “special plea” (double jeopardy, autrefois convict)
2) Can a conspiracy have more than one object?
Holding:
1) A special plea is basically double jeopardy (cannot be convicted of the same thing twice) When an issue is decided, you don’t get to relitigate the same issue again and again.
Court held it was the same conspiracy and acquitted him.
2) Yes. A conspiracy can have more than one object, this does not make it into two different conspiracies.
R v Dery
Facts: Irrelevant
Issue:
1) Can you have an attempted conspiracy?
No you cannot have an attempted conspiracy.
