Evolution of offences

Question 1

Conspiring to commit offence (Elements)

Answer 1

Section 310 Crimes Act 1961
* Conspires
* With any person
* To commit any offence or To do or Omit

Question 2

Attempts (Elements)

Answer 2

Section 72 Crimes Act 1961
* Having intent to commit an offence
* Does or omits an act
* For the purpose of accomplishing his or her object
* Is guilty of attempt to commit the offence intended
* Whether or not it is possible in the circumstances

Question 3

Attempts (Case Law)

Answer 3

R v HARPUR
Independent acts that in isolation are preparatory, viewed collectively can amount to an attempt

Question 4

Parties to offences (Elements)

Answer 4

Section 66(1) Crimes Act
a) Actually commits the offence OR
b) Does or omit an act for the purpose of aiding any person to commit the offence OR
c) Abets any person in the commission of the offence or
d) Incites, counsels or procures any person to commit the offence

Question 5

Accessory after the fact (Elements)

Answer 5

Section 71 Crimes Act 1961
* Knowing
* Any person
* To have been party to the offence
* Receives, comforts or assists that person OR
* Tampers with or actively suppresses any evidence against him or her
* In order to help him or her escape after arrest or to avoid arrest or conviction