Evolution Of The Offence

Question 1

Mens Rea

Answer 1

Mens Rea is the presence of a guilty mind.

Question 2

Actus Reus

Answer 2

The criminal act or conduct.

Question 3

Voluntary act

Answer 3

Must show that the defendant acted voluntarily by the operation of free will.

Question 4

Chain of causation

Answer 4

The chain of causation is all about cause and effect. ‘But for the actions of the of the defendant this would not have happened’.

Question 5

Conspiracy

Answer 5

Two or more people form an agreement to do an unlawful act, or to do an unlawful act by unlawful means.

Question 6

Omission

Answer 6

A failure to act is conspiracy (security guard failing to lock door so offenders can come in).

Question 7

Withdrawing

Answer 7

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.

Question 8

When conspiracy ends

Answer 8

The offence is complete on the agreement being made with the required intent. No further progression towards the completion of the offence is required.

Question 9

What three conditions must apply for an attempt

Answer 9

Intent (mens rea)
Act (actus reus)
Proximity

Question 10

Attempts backstop

Answer 10

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).

Question 11

Attempts case law (proximity)

Answer 11

R v Wilcox

R v Harpur

Question 12

R v Wilcox

Answer 12

The defendants must have begun to perpetrate the crime.

Question 13

R v Harpur

Answer 13

I’m assessing the conduct there must be a full evaluation in terms of time, place and circumstance.

Question 14

Test for proximity

Answer 14

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

Question 15

When an act is physically or factually impossible

Answer 15

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.

Question 16

Mulcahy v R caselaw (conspiracy)

Answer 16

A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.

Question 17

Act completed sufficiently proximate to intended offence

Answer 17

An attempt is complete even when the defendant changes their mind or makes a voluntary withdrawal after completing an act that is sufficiently proximate to their intended offence.

Question 18

Parties

Answer 18

Is it possible for a person to be found guilty of an offence, even if the person has not personally committed it. The person committing it is liable as principle, those who assist are parties to.

Question 19

Sexction 66(1) Crimes Act 1961

Answer 19

Everyone is a party to and guilty of an offence who-
A) actually commits the offence, or
B) does or omits 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 20

Aids

Answer 20

To assist in the commission of the offence. Either physically or by giving advice and information. Person isn’t required to be physically present.

Question 21

Abets

Answer 21

To encourage or instigate, or urge to commit an offence. Need not be present.

Question 22

Incites

Answer 22

Rouse, stir up, stimulate, animate, urge or spur on.

Question 23

Counsels

Answer 23

To intentionally instigate the offence by advising on how best to commit the offence.

Question 24

Procures

Answer 24

Setting out to ensure something happens and taking appropriate steps to ensure it.

Question 25

Section 66(2) Crimes Act 1961

Answer 25

When two or more agree to complete an offence, both are liable for any other offences committed by each other in the execution of the offence, that was a probable consequence.

Question 26

R v Betts and Ridley

Answer 26

An offence where no violence is contemplated and the principle offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.

Question 27

Innocent agent

Answer 27

An innocent agent cannot be convicted as a secondary party.

Question 28

Withdrawal

Answer 28

A person who has become involved with a criminal enterprise may avoid liability for a crime if he or she manages to withdraw before the planned crime is committed.

Question 29

Accessory after the fact

Answer 29

An accessory after the fact to the offence, knowing any person to be a party to that offence, receives, comforts, or assists that person or tampers with evidence in order to escape.

Question 30

R v Mane

Answer 30

To be considered an accessory the acts done by the person must be after the completion of the offence.

Question 31

R v Crooks

Answer 31

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient.

Question 32

R v Briggs

Answer 32

Knowledge may be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 33

Intentional acts of accessory

Answer 33

Receives
Comforts
Assists
Tampers with evidence
Actively suppresses evidence

Question 34

The accessorys intent

Answer 34

Enable the offender to:

Escape after arrest
Avoid arrest
Avoid conviction