Evolution of the offence

Question 1

What is Mens Rea and Actus Reus

Answer 1

Mens Rea: Intent across all ingredients & present at the time of offending.
Actus Reus: ACT - Criminal offending or Omission.
Use both to prove voluntary conduct along with intent

Question 2

what is the Legislative definition of conspiracy

Answer 2

S. 310 Crimes Act 1961 - (1)
Conspires with any person to do or omit any offence punishable by imprisonment. 7 years max. or same punishment as offence.

Question 3

what is Mulcahy & Queen

Answer 3

Covers that the intention and agreement combined equals conspiracy. Carrying plan into effect = conspiracy.
Intention with no agreement = no offence

Question 4

What must be proven for conspiracy

Answer 4

1. Two or more people were involved
2. An agreement was made
3. The agreement was to commit an offence &
4. at the time of the agreement the intention was to commit the offence

Question 5

When is conspiracy complete?

Answer 5

It ends when the agreement is made with the required intent.

Question 6

What conditions apply for conviction of Attempts

Answer 6

1. Intent to commit an offence
2. The act, did or omitted, to achieve that end.
3. Proximity. The act was sufficiently close.

Question 7

What section covers Attempts

Answer 7

72 Crimes Act 1961

Question 8

what is Queen v Harpur

Answer 8

Queen & Harpur held that independent acts when viewed in isolation can be seen as preparatory. When the same acts are viewed collectively they can take on a different context and therefore amount to a criminal attempt

Question 9

How are you considered a party to an offence

Answer 9

By participating before or during the offence. Before the completion of the offence.

Question 10

Define Parties to Offences

Answer 10

Section 66 (1)(a) Everyone guilty as a party to an offence if they actually commit the offence
(1)(b) does or omits an act for the purpose of aiding a person to commit the offence
(1)(c) Abets any person in the commission of the offence
(1)(d) incites, councils, or procures and person to commit the offence
Crimes act 1961

Question 11

When do you become an accessory after the fact

Answer 11

When you assist either the principal or secondary offender following the commission of the offence. They have not participated in the offence committed. s71 & s312 of crimes act 1961

Question 12

Define Aids

Answer 12

means to assist in the commission of the offence whether physically or by giving advice. presence at the scene is not required

Question 13

Define Abets

Answer 13

Means to encourage or instigate. Urge to commit the offence. Presence at scene not required

Question 14

Define incites

Answer 14

Means to rouse, stir up, spur on to commit offence.

Question 15

Define Counsels

Answer 15

Advising a person on how best to commit and offence.

Question 16

Define procures

Answer 16

Setting out to make sure something happens e.g hiring a hitman to kill someone and then paying them.

Question 17

What is the difference between primary and secondary

Answer 17

Primary is the main offender. Secondary provides assistance/abets/counsels but does not commit the actual offence.

Question 18

What is withdrawal from the commission of the offence

Answer 18

Merely walking away is not sufficient.
Notice of withdrawal in either words or actions.
unequivocal withdrawal.
Communication of the fact of withdrawal to the principal offenders.
take reasonable steps to undo the effect of the parties previous actions.

Question 19

What are the four elements to prove for accessory after the fact

Answer 19

1. offence committed by a person received assistance by an accessory
2. The accessory knew the party had committed an offence.
3. the accessory concealed or tampered with evidence
4. The accessorys purpose was to enable to party to escape or avoid conviction.