Evolution Of The Offence Flashcards
Mens Rea
Mens Rea is the presence of a guilty mind.
Actus Reus
The criminal act or conduct.
Voluntary act
Must show that the defendant acted voluntarily by the operation of free will.
Chain of causation
The chain of causation is all about cause and effect. ‘But for the actions of the of the defendant this would not have happened’.
Conspiracy
Two or more people form an agreement to do an unlawful act, or to do an unlawful act by unlawful means.
Omission
A failure to act is conspiracy (security guard failing to lock door so offenders can come in).
Withdrawing
A person withdrawing from the agreement is still guilty of conspiracy as are those people who become party to the agreement after it has been made. However, a person can effectively withdraw before the actual agreement is made.
When conspiracy ends
The offence is complete on the agreement being made with the required intent. No further progression towards the completion of the offence is required.
What three conditions must apply for an attempt
Intent (mens rea)
Act (actus reus)
Proximity
Attempts backstop
If the accused is found not guilty of the principle offence but the evidence establishes an attempt, he/she can be convicted of that attempt even though the charge wasn’t laid. (S337 Crimes Act 1961).
Attempts case law (proximity)
R v Wilcox
R v Harpur
R v Wilcox
The defendants must have begun to perpetrate the crime.
R v Harpur
I’m assessing the conduct there must be a full evaluation in terms of time, place and circumstance.
Test for proximity
Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt, or
Has the offender actually commenced execution, taken a step in the actual crime
When an act is physically or factually impossible
An act is physically or factually impossible if the act in question amounts to an offence, but the suspect is unable to commit it due to interruption, ineptitude, or any other circumstances beyond their control.