Day 3: Evolution of the Offence

Question 1

Mens Rea meaning:

Answer 1

Presence of a guilty mind

e.g. did it deliberately

Question 2

Actus Reus meaning:

Answer 2

The commission of a guilty act

Question 3

When must Actus Reus and Mens Rea occur?

Answer 3

At the same time or within a reasonable nexus of each other

Question 4

How to prove intent?

Answer 4

• Admissions
• Confessions
• Circumstantial evidence

Question 5

Intent can be inferred by what?

Answer 5

• Actions
• Words
• Surrounding
  circumstances
• Nature of the act itself

Question 6

What 2 specific types of intention is there in criminal law context?

Answer 6

1. The act or omission must be done deliberately
2. An intent to produce a specific aim, object or purpose.

Question 7

AP Simester and WJ Brookbanks

Answer 7

Guilty knowledge

knowing means “knowing or correctly believing”.

Question 8

Conspiracy definition:

Answer 8

Section 310

Agreement between 2 or more person’s to commit an offence

Question 9

Mulcahy v R

Answer 9

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

Question 10

R v Sanders

Answer 10

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

Question 11

R v White

Answer 11

You can charge one party for conspiracy even if the other is never identified

Question 12

Actus Reus and Mens Rea in regards to Conspiracy:

Answer 12

Actus Reus: the agreement

Mens Rea: Intent to agree AND intent that a relevant course of conduct be pursued to an offence

Question 13

Common law defences:

Answer 13

• Impossibility
• Necessity
• Consent
• Intoxication
• Mistake
• Sane automatism (sleep walking)

Question 14

Attempts defined:

Answer 14

Section 72

With intent to commit an offence, does or omits to do any act for the purpose of achieving their object

Question 15

What 3 conditions must apply for an ‘attempt’ conviction?

Answer 15

• intent (mens rea) to
  commit an offence
• act (actus reus) that they did, or omitted to do, something to achieve that end
• proximity

Question 16

R v Ring

Answer 16

Intent for attempt

Ring in pocket

Can be convicted if an attempt even if an offence is physically impossible.

Question 17

Omission defined:

Answer 17

The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.

Question 18

R v Harpur

Answer 18

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.

Question 19

Abets meaning:

Answer 19

To instigate or encourage

Question 20

Incites meaning:

Answer 20

To rouse, stir up, stimulate

Question 21

Parties to (1):

Answer 21

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

Question 22

Accessory after the fact:

Answer 22

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

Question 23

R v Mane

Answer 23

To be considered an accessory the acts done by the person must be after the completion of the offence

Question 24

R v Crooks

Answer 24

Knowledge means actual knowledge or belief that the person assisted was a party to the offence.

Question 25

Negligence meaning:

Answer 25

Not taking all reasonable steps

Question 26

Standard of proof for a strict liability offence:

Answer 26

Prosecution only needs to prove that the defendant committed the actus reus.

Question 27

When is the offence of conspiracy completed?

Answer 27

The offence is complete on the agreement being made with the required intent. No further progression towards completion is required.

Question 28

Required to prove a conspiracy?

Answer 28

Actus Reus - The actual agreement by 2 or more people to carry out the offence.

Mens Rea - The intent to commit the offence

Question 29

Judges function regarding ‘attempts’?

Answer 29

To decide if the accused had left the preparatory stage and was already trying to effect completion.

Question 30

What if a person withdraws from an agreement? (conspiracy)

Answer 30

Is still guilty of Conspiracy as are those people who become party to the agreement after it has been made

Question 31

In each case of ‘Attempt’ you must prove what 3 things?

Answer 31

• The identity of the
  suspect
• They intended to commit
  an offence
• They did, or omitted to do
  something to achieve
  their object

Question 32

Physically vs Legally possible in terms of ‘Attempts’:

Answer 32

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

Question 33

What situations can you not prosecute for attempts?

Answer 33

• 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

Question 34

When is the offence of ‘attempts’ complete?

Answer 34

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.

Question 35

Parties to (2):

Answer 35

Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein

Question 36

Difference between ‘Parties to (1)’ and ‘Accessory after the fact’?

Answer 36

Parties to is participation before or during the offence. Participation after the offence is Accessory after the fact.

Question 37

What do you need to prove for ‘Parties to’?

Answer 37

• The identity of the
  offender
• An offence has been
  successfully committed
• The elements of the
  offence have been
  satisfied

Question 38

What 2 elements of intent do you need to satisfy for the secondary participation for ‘Parties to’?

Answer 38

• Intend their actions and
  intend it will assist the
  primary party
• Have knowledge of the
  essential matters which
  make the principals
  actions an offence

Question 39

In what circumstances is a Secondary party to ‘Parties to’ still liable for the offence?

Answer 39

• 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

Question 40

Withdrawing as party to an offence:

Answer 40

• Let other parties know
• Fully do so
• Give notice of this
• Take steps to undo their
  actions so far

Question 41

Procure meaning in parties to:

Answer 41

Relates to getting someone to commit the offence on your behalf, not procuring an item (this would come under aid)

Question 42

Statutory Defences:

Answer 42

• Defence of self, others or property
• Insanity
• Compulsion
• Infancy