Evolution of an Offence

Question 1

Conspires to Commit Offence CA.61 S.310

Answer 1

7 years 1. Two or more people 2. Make an agreement 3. to commit an offence 4. With an intent to commit the offence at the time of the agreement

Question 2

R V MULCAHY

Answer 2

Conspiracy relies in the subjects (2 or more) forming an intention, and also with the agreement of two parties to carry out the offence. Only once the two make an agreement, the very plot is an act in itself.

Question 3

Are you liable if you withdraw from the agreement?

Answer 3

Yes, you are a still guilty of conspiracy. Offence complete (Actus Reus and Mens Rea) at time of agreement.

Question 4

Spouse/partner liable: Conspiracy? Attempts? Parties? Accessory?

Answer 4

Conspiracy-Yes Attempts-Yes Parties-Yes Accessory-No

Question 5

Parties to an Offence CA.61 S.66(1)

Answer 5

a) Actually commits he 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 6

Parties to an Offence CA.61 S.66(2)

Answer 6

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.

Question 7

When is participation in an offence constitute parties to?

Answer 7

Before or during the commission of the offence. Assistance after is Accessory after the fact.

Question 8

R V RENATA

Answer 8

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 nit required.

Question 9

Define Aid

Answer 9

To assist either physically or by giving advice and information. Does not need to be present. (lookout, give tools, advise when victim leaves)

Question 10

Define Abets

Answer 10

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.

Question 11

R V RUSSELL

Answer 11

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.

Question 12

Define Incites

Answer 12

To rouse, stir up, stimulate, animate, urge or spur on another person. (sports event)

Question 13

Define Counsels

Answer 13

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).

Question 14

Define Procures

Answer 14

Setting out that something happens and taking the appropriate steps to ensure that it does happen. Strong connection to offence required. (Use of hitman).

Question 15

R V BETTS AND RIDLEY

Answer 15

Agree to rob, push man to ground and snatch bag. Man dies. Offender and getaway driver both charged, foreseeable outcome.

Question 16

Chance of probable outcome required.

Answer 16

Negligible or remote chance - not enough Substantial or real risk/probable - required Does not require ‘more than likely’

Question 17

Attempting to Commit an Offence CA.61 S.72

Answer 17

1. Having an intent to commit an offence 2. Does or omits an act 3. Immediately or proximately connected with the intended offence

Question 18

R V HARPUR

Answer 18

Conduct may be viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be viewed in its entirety.

Question 19

R V RING

Answer 19

Hand in pocket at railway platform, nothing to steal nothing stolen, victim unknown. Still an attempt.

Question 20

HIGGINS v POLICE

Answer 20

Growing tomato plants thinking it is Marijuana.

Question 21

POLICE V JAY

Answer 21

buying hedge clippings believing it was cannabis.

Question 22

Roles of Judge and jury in relation to attempts

Answer 22

Judge decides if act is proximate or immediate to offence. (left preparation and attempting to commit) Jury decide upon intention and if act committed was close enough to offence.

Question 23

Explain Principal versus secondary offender

Answer 23

principal - actually commits offence, satisfies both actus reus and mens rea Secondary Assist principal offender before or during commission of offence.

Question 24

Identify two exceptions of passive presence

Answer 24

Army senior watches assault. Husband watches wife and kids drown.

Question 25

Discuss Legal Duty

Answer 25

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.

Question 26

Accessory After the fact CA.61 S.71

Answer 26

1. Knowing any person to have been a party to an offence 2. receives, OR comforts OR assists that person OR tampers with evidence OR suppresses any evidence 3. In order to enable them to escape after arrest OR avoid arrest OR avoid conviction.