Evolution of the Offence Flashcards

1
Q

Name the 5 statutory defences

A

Compulsion
Infancy
Insanity
Property defence
Self defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Name the 6 common law defences

A

Same automation
Impossibility
Intoxication
Consent
Necessity
Mistake

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a conspiracy?

A

An agreement between two or more people to commit an offence

Mulcahy v R

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Mulcahy v R

A

Conspiracy is more than just an intention. It’s an agreement of two or more to do an unlawful act.

“The very plot is the act itself”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

According to R v white, is it necessary to ID co conspirators?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does R v Harpur say you must evaluate regarding attempts?

A

Time place circumstances

1 act alone may only amount to preparation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

According to R v Sanders, when does conspiracy end?

A

It does not end with the agreement, it continues in operation and is in existence until the completion of the offence or abandonment of the agreement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Why is conspiracy important when regarding the heresay rule?

A

Conspiracy is an exception to the heresay rule

Therefore offenders should be jointly charged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Regarding conspiracy and attempts, what does the judge decide?

A

Matters of Law

Ie: is there sufficient proximity, have we moved from preparation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Regarding conspiracy and attempts, what does the jury decide?

A

Whether the facts are proved

Ie: are the defendants actions close enough to constitute an attempt
What’s their intent etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Intent alone is not an attempt… why?

A

Because some action is required.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

For an attempt offence to be complete, what must be present?

A

Mens Rea (intent to complete offence)
Actus Rea (a step in the actual crime)
Proximity

Plus it’s got to be legally possible of course

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Physically impossible (R v Ring)
Can you still be liable?

A

Yes!

R v Ring refers to putting the hand into the pocket, believing there to be a thing to steal. Physically impossible bc the pocket was empty, but can still be liable because mens Rea, actus Rea and proximity are met

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Legally impossible (R v Donnelly)
Can they be liable for an attempt?

A

No!

In R v Donnelly the suitcase had been returned to the owner so it was not legally possible to charge with receiving. Therefore the offender was not liable for attempted receiving

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Parties to an offence must intentionally help the principle offender ______ or _______ the offence

A

BEFORE OR DURING!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What did R v Russel state?

A

In a SPECIAL RELATIONSHIP the person is morally bound to intervene so deliberate abstention made Mr Russel liable as a party to the murder

17
Q

According to R v Renata, if you can’t ID the principle offender in a group, what would you do?

A

Charge all as parties because you can say that each individual was involved somehow

18
Q

According to Larkins v Police, if a principle offender doesn’t know he has someone else aiding him, is the party aiding him still liable?

A

Yes

19
Q

What does R v Betts and Ridley state?

A

Where no violence is contemplated but the principle offender does violence and the secondary offender takes no part, the secondary offender is not liable for the violence

20
Q

What are the two exceptions to the usual prosecution standard of proof? (Beyond reasonable doubt)

A
  1. Strict liability offences (defence must prove total absence of fault to get off)
  2. Total liability offences (you can’t get off)
21
Q

Describe what is a Causal Link?

A

You must show a causal link between an act and its consequences. Ie the final result would not have occurred but for the offenders actions

22
Q

What 4 things would someone need to do to be considered an accessory after the fact?

A

Knowing the person has been a party to an offence…

  1. Assist
  2. Receive
  3. Comfort
  4. Actively tamper/suppress evidence (more than silence alone)

To help them…

23
Q

What are the 3 intentions of someone who is an accessory after the fact?

A

To help them…
1. Avoid arrest
2. Escape after arrest
3. Avoid conviction

24
Q

What does R v Mane say about the timing of an accessory after the fact?

A

They must help AFTER THE COMPLETION OF THE OFFENCE

25
Q

According to R v Crooks, an accessory after the fact must have more than _____________?

A

Mere suspicion of the person’s involvement in the crime

26
Q

How might you infer an accessory’s knowledge tbat the person has been a party to an offence?

A

R v Briggs

You can infer they had knowledge through wilful blindness or deliberately not enquiring to confirm the suspected truth