Evolution Of The Offence Flashcards
What is a conspiracy?
An actual agreement between two or more people to commit an offence.
S310 Crimes Act 1961
Mulcahy v R
A conspiracy is an agreement- not just an intention:
A conspiracy consists not merely in the intention of two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself.
Conspiracy - S 310 Crimes Act 1961
R v Sanders
An agreement exists until the offence is committed or agreement abandoned:
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefor in existence until it is ended by the completion of its performance or abandonment or in any other manner by which agreements are discharged.
Conspiracy - S310 Crimes Act 1961
R v White
Can convict someone of conspiracy even if 2nd person not ID’d
R v Harpur
Independent acts in isolation are preparatory, but when viewed collectively can be seen as attempts
What is the test of 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; that is to say, has he taken a step in the actual crime itself?
Attempts - S72 Crimes Act 1961
Who is party to an offence? And what section covers this?
Anyone who Actually commits the offence, Aides, Abets, Incites, Counsels or Procures
Parties to - S66 Crimes Act 1961
“With AAA I Can Party”
R V Renata
Where the principal offender hasn’t been identified, it is sufficient to prove that each individual was either principal or party to.
Larkins V Police
We don’t need to prove that the offender knew he was being assisted.
Larkins V Police
While it is unnecessary that the principal should be awatre that he or she is being assisted, there must be proof of actual assistance
Parties to- S66 Crimes Act 1961
R v Russell
Giving encouragement and authority by presence alone makes someone an aider and abbetor
R v Betts and Ridley
If no violence is contemplated but one party uses it, the other is not liable.
What needs to be proved to demonstrate that somebody is an accessory after the fact?
Receives
Comforts
Assisstes
Tampers
Supresses
WIth intent to assist the offender in avoiding arrest/conviction
R V Mane
Offence must be completed at the time of the accessory
R v Crooks
There must be knowledge or belief that they were assisting offence- suspicion is not enough
