Evolution Of Offence Flashcards
What’s is Mens Rea and Actus Reus
Mens Rea - presence of a guilty mind
Actus Reus - criminal conduct
What is meant by standard of proof beyond reasonable doubt
The prosecution is required to prove that no other logical explanation can be derived from the facts except that the defendant committed the offence
What are strict liability and absolute liability offences
Strict liability offence - prosecution only needs to prove that the defendant committed the actus reus. Burden of proof then shifts to the defendant to prove total absence of fault
Absolute liabilty offence - the prosecution only needs to prove that the defendant committed the actus reus. The defendant is liable regardless
Under section 310(1) what is a conspiracy
- Two or more people involved
- An agreement was made
- The agreement was to commit an offence
- At the time of the agreement their intention was to commit the offence
What is mens rea and actus reus for conspiracy
Mens rea - an intention of those involved to agree and that the relevant course of conduct should be pursued by those party to the agreement
Actus reus - physical agreement between two or more people
What is the 3 conditions for an attempt under section 72(1)
- Intent (mens rea)
- Act (actus reus)
- Proximity
What is a question of fact
Question decided by jury
What is a question of law
Question decided by judge
What is case law Harpur
In assessing the conduct there must be a full evaluation in terms of time, place and circumstances. What remains to be done is always relevant but not determinative
3 situations unable to charge with attempt
- Criminality depends on recklessness eg manslaughter
- An attempt to commit an offence is included within the definition eg assault
- The offence is such that the act has to have been completed in order for the offence to exist eg demanding with menaces
What 2 situations is a person considered wilfully blind
- Where the person deliberately shuts their eyes and fails to inquire this is because they knew what the answer would be
- In situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order to not know
What are four elements under 71(1)
Accessory after the fact
- That an offence was committed by the person received, comforted or assisted by an accessory
- That at the time of receiving, comforting or assisting that person the accessory knew that person was a party to the offence
- That the accessory recieved, comforted or assisted that person or tampered with or actively suppressed any evidence against that person
- That at the time of receiving, comforting or assisting the accessory purpose was to enable that person to escape after arrest or to avoid arrest or conviction
What is simester and brookbanks
Knowing means knowing or correctly believing the belief must be a correct one where the belief is wrong a person cannot know
What is section 66(1)
everyone is party to an guilty of an offence who:
(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
5 statutory defences under CA 61
- Infancy
- Defence of self or another
- Defence of property
- Insanity
- Compulsion