CONSPIRACY etc Flashcards
CONSPIRACY *
S310 Crimes Act 1961
An agreement between two or more people to commit an offence.
- 2 or more people
- an agreement being made
- intention for all parties to commit the crime
MULCAHY v R
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, or to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it into effect the very plot it an act in itself.
ATTEMPTS *
S72 Crimes Act 1961
- intent - to commit an offence
- act – what was done or not done to achieve the aim
- proximity – that the act was sufficiently close
R v WILCOX
The defendant’s act must be the commencement of the execution of the intended offence – must have begun to perpetrate the crime.
R v HARPUR *
In assessing the conduct there must be a full evaluation in terms of time, place and circumstance. Independent acts viewed in isolation can be construed as preparatory. Viewed collectively they can take on a different context.
WHAT IS THE MENS REA FOR PARTIES TO?
- the party must intend their own actions and also intend that it will assist the principal’s actions
- the party must have knowledge of the essential matters which make the principal’s action an offence
PARTIES TO *
S66(1)(b), (c) or (d) Crimes Act 1961
Aiding, abetting, inciting, counselling, procuring…
Done to assist the principal offender.
R v BETTS and RIDLEY *
An offence where no violence is contemplated an the principal offender in carrying out the common aim uses violence, a secondary party taking no physical part in it would not be held liable for the violence.
WHEN MUST THE SECONDARY PARTY ACT TO BE CONSIDERED PARTIES TO? *
To be a party to, the acts of the secondary must be before or contemporaneous in time with the acts of the principal offender. Where this act is part of the original planning this person is a principal offender not a party.
ACCESSORY AFTER THE FACT *
S71 Crimes Act 1961
- an offence was committed by the person received, comforted or assisted by an accessory
- at the time of assisting the person the accessory knew that person was a party to an offence
- the accessory received, comforted or assisted that person or tampered with or actively suppressed any evidence against that person OR
- at the time of receiving, comforting etc the accessory’s purpose was to enable that person to escape after arrest or to avoid arrest or conviction
WHEN MUST THE ACCESSORY ACT TO BE CONSIDERED ACCESSORY AFTER THE FACT? *
The offence must be complete in order to be an accessory.
R v MANE
R v MANE *
To be considered an accessory the acts done by the person must be after the completion of the offence.
SIMESTER AND BROOKBANKS *
Knowing means knowing or correctly believing. The belief must be a correct one, where the belief is wrong, a person cannot know something.
R v CROOKS
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 THE MENS REA FOR ACCESSORY AFTER THE FACT*
At the time of the assistance being given, the accessory must have the knowledge that an offence has been committed and the person they are assisting was a party to that offence.
