Day 1

Question 1

what needs to proved to commit Conspiracy

Answer 1

1. Two or more people were involved
2. an agreement was made
3. the agreement was to commit an offence and
4. at the time of the agreement their intention was to commit the offence

Question 2

R V MULCAHY

Answer 2

it does not rely on the intention of two or more people to commit an offence. It relies on the two or more people agreeing to commit the offence.

Question 3

Completion of conspiracy

Answer 3

the offence is complete when two or more people agree with the required intent. They do not need to go further with their actions for conspiracy to happen.

Question 4

When does it end

Answer 4

It does not end when one walks away, it ends when all parties agree to abandon the idea or the completion of the idea.

Question 5

The Actus Reus for Conspiracy

Answer 5

is the actual act of making the agreement.

Question 6

The mens Rea for Conspiracy

Answer 6

is the intent to commit the full offence.

Question 7

The three elements for Attempts

Answer 7

Intent- (mens Rea) to commit an offence
Act- (Actus Reus) that they did, or ommited to do something to achieve that end.
Proximity- that their act omission

Question 8

R V HARPUR

Answer 8

The court may have regart to the conduct viewed cumulatively up to the point when the conduct in question stops.
In laymens terms: Independent acts when viewed in isolation can be seen as preparatory, when viewed collectively can take on a different context and therefore amount to criminal attempt.

Question 9

What do you need to prove in a parties prosecution

Answer 9

1. Identity of the defendant.
2. a offence has been successfully committed.
3. The elements of the offence S66(1) have been satisfied.

Question 10

IN relation to parties describe a principle party and secondary party with their respective section

Answer 10

Principle party: where he/she personally satisfies the actus Reus and Mens Rea of the offence.
EG: one person in a robbery.

Secondary party: those who assist/incite or counsel the principle party. They don’t commit the offence themselves.
IE The get away driver to the above robbery.
(They must have knowledge that the offence has been committed by the principle offender)

Question 11

Explain legal duties and how it might relate to parties

Provide an example

Answer 11

This kicks in when you are aiding by ommision. there is a special relationship between the secondary party and the offender. The secondary party has a legal duty to act and right of power of control over the principle party.
IE a army sergeant who does not stop a subordinate assaulting another person. The sergeant is also liable for the assault but would be a party to.

Question 12

R V BETTS and RIDLEY

Answer 12

An offence where no violence is contemplated and the principle offender in carrying out the common aim uses violence, A secondary offender taking no physical part in it would not be held liable for the violence used.

IE Driver for theft can not be held responsible if the thief commits an act of violence.