Evolution Of Offence

Question 1

Define Mens Rea.

Answer 1

The mental state or intention of a person when committing a crime.

Question 2

What does Actus Rea refer to?

Answer 2

The physical act of committing a crime.

Question 3

Reckless

Answer 3

Conscious and deliberate undertaking of a justified risk.

Question 4

Knowledge

Answer 4

To know/ascertain physical or mental perception. Believes that something to be the case.

Question 5

What is wilful blindness?

Answer 5

Turning a blind eye or deliberately refrain from something can be inferred as knowledge.

Question 6

Define negligence in a legal context.

Answer 6

Not taking all reasonable steps.

Question 7

What does ‘beyond reasonable doubt’ mean?

Answer 7

Prosecutions must prove that actus rea and mens rea were present and no other logical explanation can be derived from the facts except the defendant did it.

Question 8

What is strict liability?

Answer 8

Must prove actus rea case can be thrown out of defence proves no men’s rea

Question 9

Absolute liability

Answer 9

Only need Actus Rea regardless of Defendants Men’s Rea

Question 10

Describe Conspiracy

Answer 10

In agreement between two or more people to commit an offence.
Occurs after intent before attempt.
Completed when physical agreement or acknowledgement in the means to do it with a desired specific result and agreed aim of achieving it.
Still guilty of conspiracy agreement made but withdrawals.

Mulcahy V R - intention of two or more people and the agreement between two or more people.

R V White - can convict someone of conspiracy even if second person unknown.

R V Sanders - in relation to jurisdiction a person need not to be in New Zealand or can live in New Zealand with intended to commit advance outside of New Zealand if an offence within New Zealand.

Question 11

What must be proven for attempts ?

Answer 11

Both Mens Rea and Actus Rea must be established.

Proximity - decided by judge that is was sufficiently close

Question 12

What is required for an accused to be guilty of secondary participation in a crime?

Answer 12

• Aiding in commission
• Omitting to assist
• Abetting or inciting

Question 13

Actions of an accessory after the fact

Answer 13

• Comforts the offender
• Assists in escape
• Tamper with evidence
• Suppress evidence

Question 14

R V Ring

Answer 14

Even if not possible to commit the crime if the offender had the intent, he could still be charged for a attempts. Tries to pick up find nothing in the pocket.

Question 15

Statutory defence

Answer 15

Infancy/defence of self or property/insanity/compulsion

Question 16

Common law defence

Answer 16

Impossibility/necessity/consent/intoxication/mistake/sane automatism

Question 17

Definition of Proximate

Answer 17

Accuse must have done or admitted to do something that is sufficiently close to full offence in must go past the point of preparation. This is a question of law and the judge decides proximity.

Question 18

Caselaw for Proxim

Answer 18

R V Harper

Independent acts when viewed in isolation can be seen as preparatory however when viewed collectively can be seen as an attempts.

Question 19

Definition of parties

Answer 19

Must approve identity of accused and offence must be successful.

Primary – commits does the act.

Secondary – AIDS in commission, Emits, abets, incites, counsels, procures

Question 20

Definition of parties

Answer 20

Must approve an entity of accused in a fence must be successful.

Primary – commits does the act.

Secondary – AIDS in commission, Emits, abets, incites, counsels, procures

Question 21

Case Law R V Bretta and Ridley

Answer 21

Relates to parties.

If no violence contemplated however one party uses it the other cannot be held accountable.

Question 22

R V Renata

Answer 22

Where principal defender isn’t identified we must prove each individual was either the principal or party too.

Question 23

Case Law Larkin V Police

Answer 23

Principal doesn’t have to know secondary was assisting him.

Question 24

Probable consequence

Answer 24

Whether there is a high chance of something happening even if it wasn’t directly discussed both can be charged. For example, one person taking a knife and then using violence.

Question 25

Probable consequence

Answer 25

Whether there is a high chance of something happening even if it wasn’t directly discussed both can be charged. For example, one person taking a knife and then using violence.

Question 26

Accessory after the fact.

Answer 26

Receives
Comfort
Assist
Tempers with
Suppresses

With the intent to assist the fender in escape after arrest, avoid arrest or conviction.

Case Law R V Mane - offence must be completed at the time of accessory after the fact.

Question 27

Definition of innocent agent

Answer 27

Unaware of the significance of the actions and cannot be charged.