Crimes Act 1961

Question 1

61(1)

Answer 1

PTO 61(1): Parties to offences; a) actually commits offence, b) aids any person to commit offence, c) abets any person in the commission of offence, or incites/counsels/procures a person to commit offence

Question 2

61(2)

Answer 2

PTO 61(2): Parites to offence; two or more people form a COMMON INTENTION to commit an offence. Each person is criminally liable for any offence committed by any person, where offence was a PROBABLE CONSEQUENCE of the agreed plan

Question 3

72(1)

Answer 3

A person is guilty of ATTEMPT if they have the intent and do

an act, or omit an act, to accomplish their objective.

Question 4

125

Answer 4

SEX 125: Indecent Act in Public;

willfully does any indecent act,

in any PUBLIC PLACE.

Question 5

126

Answer 5

SEX 126: Indecent Act with intent to insult or offend;

with intent to insult or offend any person,

does any indecent act,

IN ANY PLACE.

Question 6

128(1)(a)

Answer 6

SEX 128(1)(a):

Sexual Violation by Rape;

..penetration of genitalia by penis

• without consent
• and without believing on reasonable grounds they consented

Question 7

128(1)(b)

Answer 7

SEX	128(1)(b): 
Sexual Violation by Unlawful Sexual Connection; 

…has unlawful sexual connection

• without consent
• and without believing on reasonable grounds they consented

Question 8

128A outlines circumstances where in sexual activity a person does not provide a legal consent.

List those circumstances.

Answer 8

i) A person doesn’t consent just because does not protest or offer physical resistance,
ii) if person allows activity because of force/threat(implied or expressed)/fear, if asleep/unconscious,
iii) if so affected by alcohol or some other drug they cannot refuse or consent
iv) if 1M and cannot refuse or consent,
v) if mistaken about the persons identity,
vi) if they allow the act because they are mistaken about its nature and quality

Question 9

135

Answer 9

SEX 135: Indecent Assault;

indecently assaults, another person (same as assault but accompanied by circumstances of indecency)

Question 10

216H

Answer 10

SEX 216H:

It is an offence for everyone who intentionally or recklessly makes an intimate
visual recording of another person.

Question 11

310

Answer 11

ACO 310: Conspiracy;

conspires, with any person, to commit any offence.

CONSPIRACY = an agreement between two or more people to commit any offence.

Question 12

315(2)(a)

Answer 12

POA 315(2)(a): Any constable or whom they call into their assistance, may arrest without warrant any person who: HE FINDS disturbing the public peace or committing any offence punishable by imprisonment.

Question 13

315(2)(b)

Answer 13

POA 315(2)(b): … HE HAS GOOD CAUSE TO SUSPECT of having committed a breach of the peace OR any offence punishable by imprisonment.

Question 14

What is the definition of ‘consent’?

Answer 14

“A person’s conscious and voluntary agreement to something desired or proposed by another”

Question 15

What is the penalty of being a party to an offence?

Answer 15

The same as if you actually committed the offence.

Question 16

For party to charges what do you need to do?

Answer 16

add section 66(1)” to end of actual offence, e.g. “Crimes Act 1961, section 241 and section 66(1)”, same as 66(2)

Question 17

What is the general rule for conspiracy?

Answer 17

Not an offence to think about commiting an offence, or even beging preparing to commmit offence. However, as soon as you behin to plan an offence with another person, offending begins.

Question 18

Can you attempt any offence?

Answer 18

S72 doesn’t cover all offences as attempting to do something may already be an offence such as assault

Question 19

What are the three requirements for an attempt?

Answer 19

1) intent (mens rea), 2) act (actus reus), 3) proximate

Question 20

Can you attempt an offence if you couldn’t physically commit the offence?

Answer 20

Yes, physical or factually impossibility is not a defence to attempting an offence

Question 21

What is the penalty for attempting life imprisonment offences?

Answer 21

10 years.

Other penalties, half the max penalty

Question 22

How do you prove a section 310 offence?

Answer 22

Admissions from offenders,

Electronic surveillance,

Undercover police officer

Question 23

What two things must you prove for an ‘attempt’ case?

Answer 23

i) intended to commit an offence

ii) did, or omitted to do, something to achieve that end.

Question 24

Give some examples of substantive offences that are ‘attempts’.

Answer 24

i) attempting to pervert the course of justice
ii) attempted sexual violation
iii) attempted murder
iv) attempted dishonest using/dishonest taking
v) dishonest arson

Question 25

What are the three acts that are used in determining whether something is proximate?

Answer 25

i) The ante-penultimate act, necessary to commit the offence is sometimes proximate, e.g. pull out gun. ii) The penultimate act, necessary to commit the offence is usually proximate, e.g. aiming the gun at someone iii) The ultimate act, necessary to affect the offence is always proximate, e.g. shooting someone

Question 26

310 CA, 28 SO, 72 CA, 66 CA

Answer 26

Conspiracy Preparing to Commit an Imprisionable Offence Attempt to Commit any Offence Party to an Offence

Question 27

72(3)

Answer 27

Any act done or omitted with intent may constitute an ATTEMPT, if it is immediately or proximately connected with the intended offence.

Question 28

What are the five ways you can assist in an offence under 66(1)? List a synonym for each way.

Answer 28

``` Aids = helps Abets = encourages/assists Incites = Urges/stirs up Counsels = Give advice/plans Procures = Obtains/acquires ```

Question 29

If the owner is sitting in the passenger seat of a car where the driver is driving dangerous, and the owner is NOT protesting the driver to stop, does the owner commit an offence?

Answer 29

Yes, he is a party to dangerous driving under section 66(1).

Question 30

If someone is a party to dangerous driving and the person who committed dangerous driving is acquitted of the charge, can that person still be charge with party to dangerous driving?

Answer 30

No. Where an offence can be committed only by a person of a designated class, such as a driver, and that person is acquitted, no other person can be convicted as a party to that offence.

Question 31

If one parent ill-treats a child and the other parent doesn't intervene, can they be charged with party to the abuse?

Answer 31

Yes, As a parent has a duty to intervene to prevent ill-treatment of their child by other parent.

Question 32

How can a female commit rape?

Answer 32

Under 66(1) by being a party to rape.

Question 33

What is the definition of 'indecent act' under the Crimes Act 1961?

Answer 33

The term “indecent” is not clearly defined under the Crimes Act 1961 and it would be appropriate to use the Oxford Dictionary definition of the word “indecent” to define it. The word “indecent” means “not conforming with generally accepted standards of behaviour, especially in relation to sexual matters”.

Question 34

Is there a defence for section 125?

Answer 34

Yes. The defendant proves that they had reasonable grounds for believing that they would not be observed.

Question 35

Which sex offences, that we have covered, have defences?

Answer 35

27 Summary of Offences Act 1981 125 Crimes Act 1961

Question 36

If A and B have both consented to making a IVR and A uploads the IVR online WITHOUT B's consent, has A committed an offence?

Answer 36

No. ..MADE in any medium using any device without the knowledge or consent of the person who is the subject...

Question 37

Section 216G outlines what an intimate visual recording is. What is one? (IPV)

Answer 37

The definition of intimate visual recording is: 1. A visual recording (photograph, digital image or recording) that is made in any medium using any device without the knowledge or consent of the person who is the subject of the recording, and the recording is of – a) A person who is in a place which, in the circumstances, would be reasonably be expected to provide privacy, and that person is – i. Naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad in undergarments; or ii. Engaged in an intimate sexual activity; or iii. Engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or b) A person’s naked or undergarment-clad genitals, pubic area, buttocks or female breasts which is made - i. From beneath or under a person’s clothing; or ii. Through a person’s outer clothing in circumstances where it is unreasonable to do so. 3. …and includes an intimate visual recording that is made and transmitted in real time without retention or storage in – a) A physical form; or b) An electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing.

Question 38

Under 128(1)(b) Unlawful Sexual Connection, what does 'sexual connection' mean?

Answer 38

Connection effected by the introduction into the genitalia or the anus of one person, otherwise than for genuine medical purposes, of: • any part of the body of the another person or • an object held or manipulated by the another person or • connection between the mouth or tongue of one person and a part of another person's genitalia or anus or • continuation of connection of a kind described above

Question 39

What is the key element of sexual violation?

Answer 39

Consent, or absence thereof.

Question 40

What is your power of arrest for Crimes Act 1961 sexual offences?

Answer 40

315(2)(a) or 315(2)(b)