Evolution of an Offence Flashcards
Conspires to Commit Offence - Act and section
Crimes Act 1961 Section 310
Conspires to Commit Offence - Ingredients
Crimes Act 1961 Section 310
- Two or more people
- Make an agreement
- to commit an offence
- With an intent to commit the offence at the time of the agreement
Spouse/partner liable: Conspiracy? Attempts? Parties? Accessory?
Conspiracy - Partners and spouses can be charged with all of the above. The law preventing that was repealed.
R V MULCAHY
A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as such a deign rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself.
The offence of committing ‘conspiracy’ is complete once the agreement has taken place
Are you liable if you withdraw from the agreement?
Yes, you are a still guilty of conspiracy. Offence complete (Actus Reus and Mens Rea) at time of agreement.
Parties to an Offence - Ingredients - 66(1)
Crimes Act 1961 Section 66(1)
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
Parties to an Offence
Crimes Act 1961 Section 66(2)
Two or more persons form a common intention to prosecute any unlawful purpose and to assist each other therein. Each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.
When does participation in an offence constitute parties to?
Before or during the commission of the offence. Assistance after is Accessory after the fact.
R V RENATA
Unable to prove which offender dealt the final lethal blow, all three are convicted if prosecution can prove culpability through mens rea and actus reus. Principal offender not required.
Define Aid
To assist either physically or by giving advice and information. Does not need to be present. (lookout, give tools, advise when victim leaves)
Define Abets
To instigate or encourage, to urge another person. Does not need to be present. Mere presence is not enough except in special relationship or legal duty or owed to victim or general public.
R V RUSSELL
Following an argument between husband and wife, she jumped into pool with children drowning them all. Husband charged with murder after he failed to assist. His presence, with relationship considered is deemed approval of actions.
Define Incites
To rouse, stir up, stimulate, animate, urge or spur on another person. (sports event)
Define Counsels
To intentionally instigate, advising a person on how best to commit an offence, planning the commission of an offence for another. Specific details of offence not required. (Letter how to blow up safe).
Define Procures
Setting out that something happens and taking the appropriate steps to ensure that it does happen. Strong connection to offence required. (Use of hitman).
R V BETTS AND RIDLEY
An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part int it would not be held liable for the violence used.
- E.g. getaway driver is not responsible for the assault and subsequent death of that person
Chance of probable outcome required.
Negligible or remote chance - not enough Substantial or real risk/probable - required Does not require ‘more than likely’
Attempting to Commit an Offence - Ingredients
Crimes Act 1961 Section 1972
- Having an intent to commit an offence
- Does or omits an act
- Immediately or proximately connected with the intended offence
R V HARPUR
Conduct may be viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be viewed in its entirety.
R V RING
Hand in pocket at railway platform, nothing to steal nothing stolen, victim unknown. Still an attempt.
HIGGINS v POLICE
Growing tomato plants thinking it is Marijuana.
POLICE V JAY
buying hedge clippings believing it was cannabis.
Roles of Judge and jury in relation to attempts
Judge decides if act is proximate or immediate to offence. (left preparation and attempting to commit) - A question of law
Jury decide upon intention and if act committed was close enough to offence. - A question of fact
Explain Principal versus secondary offender
Principal - actually commits the offence. Satisfies both actus reus and mens rea.
Secondary - assists the principal offender before or during the commission of the offence.
Identify two exceptions of passive presence
Army senior watches assault. Husband watches wife and kids drown.
Discuss Legal Duty
The special relationship is dependant on the person who would be a secondary party having legal duty to act and a right or power of control over the principal offender. Husband and wife, Army sergeant.
Accessory After the fact
Crimes Act 1961 Section 71
- Knowing any person to have been a party to an offence
- receives, OR comforts OR assists that person OR tampers with evidence OR suppresses any evidence
- In order to enable them to escape after arrest OR avoid arrest OR avoid conviction.
Mens Rea
The presence of a guilty mind
Mens rea can be looked at as the ‘why’. or be tied in with motive
Actus Reus
Criminal conduction
Acted in a particular way
Failed to act in a particular way
Brought about a state of affairs
Conspires definition
A conspiracy does not simply rely on the intention of two or more people to commit an offence. It relies on the subjects forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.
The agreement does not need to be physical you just have to prove that it took place
Crimes Act 1961 Section 72
Attempting to commit an offence
What three conditions must apply for an ‘attempt’ conviction to succeed:
Mens Rea (Intent) - To commit an offence Actus Reus (Act) - That they did, or omitted to do, something to achieve that end Proximity - that their act or omission was sufficiently close
Situations where you are unable to charge with attempt
- ## The criminality depends on recklessness or negligence e.g. manslaughter
