Evolution Of The Offence Flashcards
What is the mens rea of an attempts offence
Intent (mens rea) to commit the offence
What is the actus reus of an attempts offence
The act (actus reus) or doing something to achieve the offence and proximately connected in time
Defences under legislation crimes act 1961
Infancy (under 10) Self defence (another) Defence property Insanity Compulsion (by threats)
What is the chain of causation “but for” test?
Cause and effect - a connection between the defendants acts and the final consequence must exist
What is a conspiracy?
An agreement between 2 or more people to commit an offence
What is the mental element (mens rea) necessary for a conspiracy?
Intention to agree and
Intention to pursue course conduct
What is the actus reus of a conspiracy?
The agreement between 2 or more people
What 3 conditions need to apply for for an attempt conviction?
Intent (mens rea)
Act (actus reus)
Proximity of act sufficiently close
What is the test for proximity?
Has the offender done anything more than getting himself into a position where he could make an attempt OR
Commenced committing the crime itself
The law is for who to decide and facts are for who to decide?
Law = judge Fact = jury
What must the judge decide in relation to preparation?
Whether the accused has left the prep stage and trying to effect completion of full offence
Mens rea for secondary participation?
Must intend their actions will assist principal offenders actions knowledge of principal offenders actions and offence
4 x elements for AATF
Offence committed by person received/comforted/assisted (RCA)
At the time accessory knew that person was party to offence
They “RCA” that person
Accessory’s purpose was to help Person escape k9 OR avoid k9 or conviction
Statutory defences
Infancy
Self defence/property
Insanity
Compulsion
3 occasions you can’t charge with an attempt
Criminality depends on negligence
An attempt included in offence definition
Offence needs to be complete in order for offence to exist
