Evolution of the Offence Flashcards
Name the 5 statutory defences
Compulsion
Infancy
Insanity
Property defence
Self defence
Name the 6 common law defences
Same automation
Impossibility
Intoxication
Consent
Necessity
Mistake
What is a conspiracy?
An agreement between two or more people to commit an offence
Mulcahy v R
Mulcahy v R
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”
According to R v white, is it necessary to ID co conspirators?
No
What does R v Harpur say you must evaluate regarding attempts?
Time place circumstances
1 act alone may only amount to preparation
According to R v Sanders, when does conspiracy end?
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.
Why is conspiracy important when regarding the heresay rule?
Conspiracy is an exception to the heresay rule
Therefore offenders should be jointly charged.
Regarding conspiracy and attempts, what does the judge decide?
Matters of Law
Ie: is there sufficient proximity, have we moved from preparation
Regarding conspiracy and attempts, what does the jury decide?
Whether the facts are proved
Ie: are the defendants actions close enough to constitute an attempt
What’s their intent etc
Intent alone is not an attempt… why?
Because some action is required.
For an attempt offence to be complete, what must be present?
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
Physically impossible (R v Ring)
Can you still be liable?
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
Legally impossible (R v Donnelly)
Can they be liable for an attempt?
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
Parties to an offence must intentionally help the principle offender ______ or _______ the offence
BEFORE OR DURING!