Evolution of the Offence

Question 1

Mens Rea

Answer 1

The presence of a guilty mind.

Question 2

Actus Reus

Answer 2

The act of the offence.

Question 3

Conspiracy 310(1)

Answer 3

An agreement between two or more people to commit an offence.

“The very plot is an act in itself” (MULCAHY V R)

Question 4

Actus Reus of Conspiracy

Answer 4

The actual agreement by two or more people to carry out the illegal conduct.

Question 5

Mens Rea of Conspiracy

Answer 5

The offender’s mental intent to commit the full offence.

Question 6

Definition of Attempts

Answer 6

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.

Question 7

Can someone attempt to commit an attempt?

Answer 7

There is no such thing as an attempt to commit an attempt.

Question 8

Define Aid

Answer 8

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.

Question 9

Define Abets

Answer 9

To instigate, encourage or urge another person. Does not need to be present.

Question 10

Define Incites

Answer 10

To rouse, stir up, stimulate, animate, urge or spur on another person.

Question 11

Define Counsels

Answer 11

To intentionally instigate, advising a person on how best to commit an offence for another.

Question 12

Define Procures

Answer 12

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

Question 13

Common Law Defences

Answer 13

• Impossibility
• Necessity
• Consent
• Intoxication (in relation to mens rea)
• Mistake
• Sane automatism

Question 14

Attempts Case Law (x2)

Answer 14

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.”

Question 15

When is someone considered party to an offence?

Answer 15

Participation must have occurred before or during the commission of the offence and before the completion of the offence.

Question 16

Liability as a Principal Party

Answer 16

There may be more than one principal, provided each offender contributes in some way to the actus reus.

Question 17

Liability as a Secondary Party

Answer 17

Those who assist the principal offender either before or during the commission of an offence.

Means rea for secondary participation has two elements:

1. they must intend their own actions and also intend that it will assist the principal’s actions; and
2. they must have knowledge of the matters that will make the principal’s actions an offence.

Question 18

R V BETTS and RIDLEY (Parties)

Answer 18

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.

Question 19

Innocent Agent

Answer 19

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

Question 20

Accessory after the fact

Answer 20

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.

Question 21

What is wilful blindness

Answer 21

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.

Question 22

Actus Reus of Accessory

Answer 22

They must do a deliberate act:

• receives, or
• comforts, or
• assists, or
• tampers with evidence, or
• actively suppresses evidence