Evolution Of Offence Flashcards
Define Mens Rea.
The mental state or intention of a person when committing a crime.
What does Actus Rea refer to?
The physical act of committing a crime.
Reckless
Conscious and deliberate undertaking of a justified risk.
Knowledge
To know/ascertain physical or mental perception. Believes that something to be the case.
What is wilful blindness?
Turning a blind eye or deliberately refrain from something can be inferred as knowledge.
Define negligence in a legal context.
Not taking all reasonable steps.
What does ‘beyond reasonable doubt’ mean?
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.
What is strict liability?
Must prove actus rea case can be thrown out of defence proves no men’s rea
Absolute liability
Only need Actus Rea regardless of Defendants Men’s Rea
Describe Conspiracy
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.
What must be proven for attempts ?
Both Mens Rea and Actus Rea must be established.
Proximity - decided by judge that is was sufficiently close
What is required for an accused to be guilty of secondary participation in a crime?
- Aiding in commission
- Omitting to assist
- Abetting or inciting
Actions of an accessory after the fact
- Comforts the offender
- Assists in escape
- Tamper with evidence
- Suppress evidence
R V Ring
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.
Statutory defence
Infancy/defence of self or property/insanity/compulsion
Common law defence
Impossibility/necessity/consent/intoxication/mistake/sane automatism
Definition of Proximate
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.
Caselaw for Proxim
R V Harper
Independent acts when viewed in isolation can be seen as preparatory however when viewed collectively can be seen as an attempts.
Definition of parties
Must approve identity of accused and offence must be successful.
Primary – commits does the act.
Secondary – AIDS in commission, Emits, abets, incites, counsels, procures
Definition of parties
Must approve an entity of accused in offence must be successful.
Primary – commits does the act.
Secondary – AIDS in commission, Emits, abets, incites, counsels, procures
Case Law R V Bretta and Ridley
Relates to parties.
If no violence contemplated however one party uses it the other cannot be held accountable.
R V Renata
Where principal defender isn’t identified we must prove each individual was either the principal or party too.
Case Law Larkin V Police
Principal doesn’t have to know secondary was assisting him.
Probable consequence
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.
Probable consequence
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.
Accessory after the fact.
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.
Definition of innocent agent
Unaware of the significance of the actions and cannot be charged.
