Evolution Of The Offence Flashcards
Explain mens rea
Having a guilty mind. Having the intention or knowledge of wrong doing that constitutes as part of the crime
Explain actus rea
The act of committing an offence
What are the two types of intention?
1) deliberate act
2) to achieve specific outcome
How can we prove mens rea/intent?
Through R v COLLISTER
- Words before, during and after
- Surrounding circumstances
- Nature of the act itself
How can we prove recklessness?
CAMERON v R
The defendant recognised there was a real possibility that their actions would bring a proscribed result, and/or the proscribed circumstances existed and having regard to that risk those actions were unreasonable
What is wilful blindness?
Suspecting illegal activity but wilfully not making enquiries to confirm the fact.
What are 5 statutory defences?
- Infancy (s21) - offender too young to be held liable
- Self defence (s48)
- Property defence (s52-54)
- Insanity
- Compulsion
What are the 6 common law defences?
- impossibility - circumstances make it impossible to comply with the law
- necessity - choice between two evils and the lesser choice involved breaking the law
- consent - eg, to boxers consent to fighting one another
- intoxication - not a defence but a factor that should be considered when considered mens rea
- mistake - do something by mistake due to stupidity
- sane automatism - acting with conscious volition.
What is sane automatism?
Acting with conscious volition. Such as sleeping walking
Explain the chain of causation
An offender causes a chain of events resulting in death, even if intention wasn’t death
In chain of causation, what must be proved?
That without the actions of the offender, the final result would not have occurred
What section is conspiracy?
Section 310
Crimes Act 1961
Case law that explains what constitutes as a conspiracy?
MULCAHY v R
Relies on the agreement of two or more people to do an unlawful act, or do to a lawful act by unlawful means.
What is an agreement?
To follow the course of a conduct. It can be an act or an agreement not to do something.
What two factors do you need for conspiracy?
Intent and agreement
If someone withdraws before an agreement, can they be held liable?
No, only once they make the agreement and onwards can they be held liable.
Explain R v SANDERS
Conspiracy ends once the offence is completed or abandoned or other manner in which the agreement is discharged.
Explain R v WHITE
Can prove a suspect conspired with other parties if the identity of the other parties were unknown and remain unknown.
What section and act is Attempts
Section 72
Crimes Act 1961
What 3 factors are required to complete “attempt”
1) intent (mens rea) to commit an offence
2) that they did something to achieve that intent (actus tea)
3) proximity - that the act was sufficiently close
Explain R v HARPUR
Individual acts in isolation can be viewed as preparation, but if they are viewed collectively it can amount to attempts. Evaluation of time, place and circumstance.
Difference between what the judge and jury questions
Judge - questions of the law (sufficient proximate)
Jury - questions of the facts (act, intent)
Explain R v RING
Intent to commit an offence however was physically impossible to fully commit the offence - still liable.
Eg, man puts hand into woman’s pocket to steal wallet, wallet wasn’t in pocket, man still liable for attempted theft
