Evolution of the Offence Flashcards
Mens Rea
The presence of a guilty mind.
Actus Reus
The act of the offence.
Conspiracy 310(1)
An agreement between two or more people to commit an offence.
“The very plot is an act in itself” (MULCAHY V R)
Actus Reus of Conspiracy
The actual agreement by two or more people to carry out the illegal conduct.
Mens Rea of Conspiracy
The offender’s mental intent to commit the full offence.
Definition of Attempts
Intent (Mens Rea)
Act (Actus Reus)
Proximity - act must be sufficiently proximate to the intent
Attempts requires an element of intent to bring about a certain outcome.
Can someone attempt to commit an attempt?
There is no such thing as an attempt to commit an attempt.
Define Aid
To assist either physically or by giving advice and information. Does not need to be present. Eg. A lookout, informs other party when the Victim leaves.
Define Abets
To instigate, encourage or urge another person. Does not need to be present.
Define Incites
To rouse, stir up, stimulate, animate, urge or spur on another person.
Define Counsels
To intentionally instigate, advising a person on how best to commit an offence for another.
Define Procures
Setting out to see that something happens and taking appropriate steps to ensure that it does.
Common Law Defences
- Impossibility
- Necessity
- Consent
- Intoxication (in relation to mens rea)
- Mistake
- Sane automatism
Attempts Case Law (x2)
R V WILCOX
“The defendant must have begun to perpetrate the crime”
R V HARPER
“In assessing conduct there must be a full evaluation in terms of time, place and circumstance.”
When is someone considered party to an offence?
Participation must have occurred before or during the commission of the offence and before the completion of the offence.
Liability as a Principal Party
There may be more than one principal, provided each offender contributes in some way to the actus reus.
Liability as a Secondary Party
Those who assist the principal offender either before or during the commission of an offence.
Means rea for secondary participation has two elements:
- they must intend their own actions and also intend that it will assist the principal’s actions; and
- they must have knowledge of the matters that will make the principal’s actions an offence.
R V BETTS and RIDLEY (Parties)
When a party has no part / knowledge (means rea or actus reus) of a secondary offence, they will not be held liable for the violence used.
Innocent Agent
Is someone who is unaware of the significance of their actions.
They are not regarded as a participant in the offence, they are simply the mechanism.
Their actions will be attributed to the accessory
Accessory after the fact
An accessory must possess the knowledge (no real doubt) that:
- an offence has been committed, and
- the person they are assisting was a party to that offence
(R V CROOKS)
and they have assisted the person to escape and avoid arrest.
The offence must be complete in order to be an accessory (R V MANE)
When this knowledge comes about after the assistance has been given they are not liable as an accessory.
What is wilful blindness
Intentional ignorance
- where a person deliberately shuts their eyes and fails to enquire, or
- the means of knowledge are easily at hand and they realise the likely truth of the matter but refrains from inquiring in order not to know.
Actus Reus of Accessory
They must do a deliberate act:
- receives, or
- comforts, or
- assists, or
- tampers with evidence, or
- actively suppresses evidence
