Evolution Of The Offence

Question 1

Mens rea

Answer 1

Guilty mind (intent)

Question 2

Actus rea

Answer 2

Guilty act

Question 3

Intent and case law

Answer 3

Intention to commit the act and the intention to get a specific result

R v Collister
- circumstances
- nature of the offence
- actions before, during, after

Question 4

Recklessness

Answer 4

Taking a conscious and unjustified risk

Question 5

Cameron v R

Answer 5

Recklessness

The defendant recognised that there is a real possibility that
- his actions would bring a proscribed result
- the proscribed circumstances existed

Having regard to that risk those actions were unreasonable

Question 6

R v Tipple

Answer 6

Recklessness requires that the offender know of or have a conscious appreciation of the relevant risk
“A deliberate decision to run the risk”

Question 7

Wilful blindness

Answer 7

Turning a blind eye

Not the same as knowledge

Question 8

Subjective v Objective recklessness

Answer 8

Subjective - what the offender was thinking

Objective - what would a prudent person think

Question 9

Causal link or chain of causation

Answer 9

Link between action and the relevant consequences

Must prove result would not have occurred without the offender’s actions

Question 10

Statutory defences

Answer 10

Infancy s21
Defence of self or another s 48
Defence of property s52-54
Insanity s 23
Compulsion s24

Question 11

Common law defences

Answer 11

Impossibility
Necessity
Consent e.g boxing
Intoxication
Mistake
Sane automatism e.g sex somnia

Question 12

Conspires case law

Answer 12

Mulcahy v R

A conspiracy consists not merely in the intention of two or more but in the agreement of two or more to do an unlawful act or a lawful act by unlawful means

Question 13

Completion of conspiracy and case law

Answer 13

Offence is complete when the agreement being made with the required intent

R v Sanders
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continued in operation and therefore in existence until it is ended by the completion of its performance or abandonment or in any other manner by which the agreement is discharged.

Question 14

R v White

Answer 14

Where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 15

To complete an attempt

Answer 15

Need intent, act, proximity

Question 16

R v Harpur

Answer 16

Attempts

There must be a full evaluation in terms of time, place, circumstance.

Independent acts in isolation can be seen as preparation but when viewed collectively is an attempt

Question 17

Proximity test

Answer 17

How close were they to committing the offence?

Question 18

Function of the judge

Answer 18

Decide whether the accused had left the preparation stage and was trying to effect the completion of the full offence

Question 19

Function of jury

Answer 19

• proved beyond reasonable doubt
• defendant’s acts close enough to the full offence
• intent of defendant

Question 20

What constitutes being a party to an offence

Answer 20

Participate must have occurred before or during the commission of the offence

Must intentionally help or encourage

Question 21

What to prove when charging as party

Answer 21

ID of defendant
Offence been committed
Elements satisfied

Question 22

Section 66 (1) CA 1961

Answer 22

Actual participation of the principle offenders in the offence committed.

Question 23

Section 66 (2)

Answer 23

Secondary party

When a common intention is formed between two or more people. Remain liable if the principal commits the offence in a different way
Secondary party knew it was likely to be committed as a result of their encouragement

Question 24

Aids and Abets

Answer 24

Instigate and encourage

Presence at the scene not required

Question 25

Incites, counsels or procures

Answer 25

Rouse, encourage, urge.

May end up at the scene

Question 26

R v Betts and Ridley

Answer 26

An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a second offender taking no physical part is not liable

Question 27

R v Renata

Answer 27

When Cannot ID principal offender. Sufficient to prove that each individual accused must have been either the principal or a party.

Question 28

Larkins v Police

Answer 28

While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance

Question 29

R v Russell

Answer 29

Accused was morally bound to take active steps to save his children but his deliberate abstention from doing so and giving authority of this approval to his wife act meant he was an aider thus secondary offender

Question 30

When a person becomes an accessory

Answer 30

Section 71

The accessory received, comforted, assisted offender or tampered with or actively suppressed evidence, helped to escape/avoid arrest and conviction.

Question 31

Actions of accessory

Answer 31

Receives
Comforts
Assists
Tampers with evidence
Actively suppresses evidende

Question 32

Intent of accessory

Answer 32

Enable offender to
Escape after arrest
Avoid arrest
Avoid conviction

Question 33

R v Crooks

Answer 33

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the offence. Suspicion is insufficient

Question 34

R v Briggs

Answer 34

Knowledge may be inferred from wilful blindness or deliberate abstention from making inquiries to confirm truth

Question 35

R v Mane

Answer 35

To be considered an accessory the acts done by the person must be after the completion of the offence