Day 3: Evolution of the Offence Flashcards
Mens Rea meaning:
Presence of a guilty mind
e.g. did it deliberately
Actus Reus meaning:
The commission of a guilty act
When must Actus Reus and Mens Rea occur?
At the same time or within a reasonable nexus of each other
How to prove intent?
- Admissions
- Confessions
- Circumstantial evidence
Intent can be inferred by what?
- Actions
- Words
- Surrounding
circumstances - Nature of the act itself
What 2 specific types of intention is there in criminal law context?
- The act or omission must be done deliberately
- An intent to produce a specific aim, object or purpose.
AP Simester and WJ Brookbanks
Guilty knowledge
knowing means “knowing or correctly believing”.
Conspiracy definition:
Section 310
Agreement between 2 or more person’s to commit an offence
Mulcahy v R
Conspiracy consists not merely in the intention but is an AGREEMENT of 2 or more to do an unlawful act, or to do any lawful act by unlawful means
R v Sanders
Conspiracy does no end when the agreement is made, it carried on until the completion or abandonment of the course of action.
Important as two people could originally make a plan, and a third person could join the plan later and the third would still be liable for the same conspiracy
R v White
You can charge one party for conspiracy even if the other is never identified
Actus Reus and Mens Rea in regards to Conspiracy:
Actus Reus: the agreement
Mens Rea: Intent to agree AND intent that a relevant course of conduct be pursued to an offence
Common law defences:
- Impossibility
- Necessity
- Consent
- Intoxication
- Mistake
- Sane automatism (sleep walking)
Attempts defined:
Section 72
With intent to commit an offence, does or omits to do any act for the purpose of achieving their object
What 3 conditions must apply for an ‘attempt’ conviction?
- intent (mens rea) to
commit an offence - act (actus reus) that they did, or omitted to do, something to achieve that end
- proximity
R v Ring
Intent for attempt
Ring in pocket
Can be convicted if an attempt even if an offence is physically impossible.
Omission defined:
The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.
R v Harpur
Collective acts
Independant acts, when viewed in isolation, can be construed as preparatory. When the same acts are viewed collectively, they can take on a different context and therefore amount to an attempt.
Abets meaning:
To instigate or encourage
Incites meaning:
To rouse, stir up, stimulate
Parties to (1):
Section 66(1)
Everyone is party to and guilty of an offence who:
(a) actually commits the offence
(b) does or omits an act for the purpose of aiding any person to commit the offence
(c) abets any person in the commission of the offence
(d) incites, counsels or procures any person to commit the offence
Accessory after the fact:
Section 71
An accessory after the fact is one who knowing any person to have been a party to the offence, receives, comforts or assists or tampers, actively suppresses any evidence
Offence must have been completed
R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence
R v Crooks
Knowledge means actual knowledge or belief that the person assisted was a party to the offence.
Negligence meaning:
Not taking all reasonable steps
Standard of proof for a strict liability offence:
Prosecution only needs to prove that the defendant committed the actus reus.
When is the offence of conspiracy completed?
The offence is complete on the agreement being made with the required intent. No further progression towards completion is required.
Required to prove a conspiracy?
Actus Reus - The actual agreement by 2 or more people to carry out the offence.
Mens Rea - The intent to commit the offence
Judges function regarding ‘attempts’?
To decide if the accused had left the preparatory stage and was already trying to effect completion.
What if a person withdraws from an agreement? (conspiracy)
Is still guilty of Conspiracy as are those people who become party to the agreement after it has been made
In each case of ‘Attempt’ you must prove what 3 things?
- The identity of the
suspect - They intended to commit
an offence - They did, or omitted to do
something to achieve
their object
Physically vs Legally possible in terms of ‘Attempts’:
A person can be convicted for an attempt to commit an offence that is physically impossible for them to commit but it must be legally possible.
Physically = not actually possible for offender to complete
Legally = not an offence
What situations can you not prosecute for attempts?
- The criminal liability
depends on recklessness
or negligence e.g.
manslaughter - An attempt to commit an
offence is included within
the definition of that
offence e.g. assault - The offence is such that the act has to have been completed in order for the offence to exist e.g. demanding with menace
When is the offence of ‘attempts’ complete?
When the defendant commits an act that is sufficiently proximate to the intended offence, even if they change their mind or voluntarily withdraw.
Must have progressed past the point of mere preparation.
Parties to (2):
Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein
Difference between ‘Parties to (1)’ and ‘Accessory after the fact’?
Parties to is participation before or during the offence. Participation after the offence is Accessory after the fact.
What do you need to prove for ‘Parties to’?
- The identity of the
offender - An offence has been
successfully committed - The elements of the
offence have been
satisfied
What 2 elements of intent do you need to satisfy for the secondary participation for ‘Parties to’?
- Intend their actions and
intend it will assist the
primary party - Have knowledge of the
essential matters which
make the principals
actions an offence
In what circumstances is a Secondary party to ‘Parties to’ still liable for the offence?
- Even if the principal
commits the offence in a
way different from what
was encouraged - For every offence the
secondary party knew
was likely committed
Withdrawing as party to an offence:
- Let other parties know
- Fully do so
- Give notice of this
- Take steps to undo their
actions so far
Procure meaning in parties to:
Relates to getting someone to commit the offence on your behalf, not procuring an item (this would come under aid)
Statutory Defences:
- Defence of self, others or property
- Insanity
- Compulsion
- Infancy
