EVOLUTION

Question 1

MENS REA

Answer 1

Presence of a guilty mind
Why, motive, intent

Mens = mind

Knowledge and intention

Knowledge in the sense of an awareness by the accused

Question 2

Actus reus

Answer 2

Criminal conduct
Physical act

Actus = action

Question 3

Golden thread

Answer 3

The defendant is presumed innocent until proven guilty

Question 4

Statutory defecnes

Answer 4

Infancy 21
Defence of self defense 48
Defence of property 52-54
Insanity 23
Compulsion 24

Question 5

Impossibility defence

Answer 5

Complying with law must be factually impossible

Question 6

Necessity defence

Answer 6

Two evils, chose the lesser

Question 7

Intoxication defence

Answer 7

Not a defence however the accused state of mind should be taken into account whether the accused actually formed a mens rea for the offence

Question 8

Sane automatism

Answer 8

Eg sleep walking.

Acting without conscions volition

Question 9

Conspiracy

Answer 9

An agreement between 2 or more people to commit an offence.

310(1)
Forming an agreement to do an unlawful act

The offence of conspiracy is committed after the intent to commit the offence but before the actual attempt.

The offence is complete of agreement

Question 10

Withdrawing from an agreement - conspiracy

Answer 10

If you withdraw before an agreement is made you are not committing conspiracy.

If you withdraw after agreement can be commiting conspiracy

Question 11

Conspiracy case law

Answer 11

MULCAHY
A conspiracy consists not merely in the intention of two or more but in the agreement of two or more people to do an unlawful act or do a lawful act in an unlawful means

Question 12

Actus rea of conspiracy

Answer 12

Physical act, words, gestures used to make an agreement

Question 13

Mens rea of conspiracy

Answer 13

Mental intent to commit FULL offence

Question 14

Attempts

Answer 14

72

Intention is not enough. More than preparation

Must have all 3:

1. Intent to commit full offence -mens
2. They do or omitted to do something to achieve the go - actus
3. Proximity. Act or omission was sufficiently close

Question 15

Attempts case law

Answer 15

RING
Putting hand In pocket to find no ring (physical act)

HARPUR
When assessing tbr conduct there must be a full evaluation in terms of time, place and circumstance. Independent acts when viewed in isolation can be constructed as preparatory. When the same acts are viewed collectively, they can take on different context and therefore amount to criminal attempt

Harp as in musical instrument=alone is not enough but when played together amount to enough

WILCOX
The defendant must have began to perpetrate the crime

Will= have the will=must have began to perpetrate

Question 16

Parties 66(1)

Answer 16

Secondary assists the principal in some way before the completion of the offence.
Secondary intentionally helps or encourages

Aiding, abets
Incites, counsels, procument

Question 17

Aiding

Answer 17

Invokved Physically or giving advice or info

Keeping lockour

Question 18

Abets

Answer 18

Instigated or encourages another to commit offence

During fight wife says kill

Question 19

Incites

Answer 19

Stirs up

Question 20

Counsels

Answer 20

Intentionally instigated offence by advising how best to do it

Question 21

Procument

Answer 21

Setting out to make sure something happens

Question 22

Parties 66(2)

Answer 22

Common intention formed by 2 or more people to assist each other to commit commit offence

Could have reasonably happened
Probable cause

One has gun during burg, gun gets fired but wasnt the plan. Both charged

Question 23

Parties case law

Answer 23

BETTS AND RIDLEY

An offence where no violence is contemplated and the principle offender in carrying out the common aim uses violence, secondary offender taking no physical part in jt would not be held liable for the violence
- jury to decide

Betts and ridley = two people completing offende one does violence nr agreed on

Question 24

Accessory after the fact

Answer 24

71

Knowledge that the person they are assisting was principle of secondary to an offence that has been completed

Do a deliberate act (receives, comforts, assists tampers with evidence, actively suppresses evidence) to assist person to avoid arrest, conviction or escape after arrest

Question 25

The judges role in attempts

Answer 25

Deciding whether the accused had left the preparation stage and was trying to effect the full offence

Question 26

The jurys role in attempts

Answer 26

Making sure the facts presented have ben proved beyond reasonable double and if so, was the defendants act close enough to full offence