Evolution Of The Offence

Question 1

Explain mens rea

Answer 1

Having a guilty mind. Having the intention or knowledge of wrong doing that constitutes as part of the crime

Question 2

Explain actus rea

Answer 2

The act of committing an offence

Question 3

What are the two types of intention?

Answer 3

1) deliberate act
2) to achieve specific outcome

Question 4

How can we prove mens rea/intent?

Answer 4

Through R v COLLISTER
- Words before, during and after
- Surrounding circumstances
- Nature of the act itself

Question 5

How can we prove recklessness?

Answer 5

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

Question 6

What is wilful blindness?

Answer 6

Suspecting illegal activity but wilfully not making enquiries to confirm the fact.

Question 7

What are 5 statutory defences?

Answer 7

• Infancy (s21) - offender too young to be held liable
• Self defence (s48)
• Property defence (s52-54)
• Insanity
• Compulsion

Question 8

What are the 6 common law defences?

Answer 8

• 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.

Question 9

What is sane automatism?

Answer 9

Acting with conscious volition. Such as sleeping walking

Question 10

Explain the chain of causation

Answer 10

An offender causes a chain of events resulting in death, even if intention wasn’t death

Question 11

In chain of causation, what must be proved?

Answer 11

That without the actions of the offender, the final result would not have occurred

Question 12

What section is conspiracy?

Answer 12

Section 310
Crimes Act 1961

Question 13

Case law that explains what constitutes as a conspiracy?

Answer 13

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.

Question 14

What is an agreement?

Answer 14

To follow the course of a conduct. It can be an act or an agreement not to do something.

Question 15

What two factors do you need for conspiracy?

Answer 15

Intent and agreement

Question 16

If someone withdraws before an agreement, can they be held liable?

Answer 16

No, only once they make the agreement and onwards can they be held liable.

Question 17

Explain R v SANDERS

Answer 17

Conspiracy ends once the offence is completed or abandoned or other manner in which the agreement is discharged.

Question 18

Explain R v WHITE

Answer 18

Can prove a suspect conspired with other parties if the identity of the other parties were unknown and remain unknown.

Question 19

What section and act is Attempts

Answer 19

Section 72
Crimes Act 1961

Question 20

What 3 factors are required to complete “attempt”

Answer 20

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

Question 21

Explain R v HARPUR

Answer 21

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.

Question 22

Difference between what the judge and jury questions

Answer 22

Judge - questions of the law (sufficient proximate)
Jury - questions of the facts (act, intent)

Question 23

Explain R v RING

Answer 23

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