Evolution Of The Offence

Question 1

What is the act and section of conspiracy? And what are the 4 elements to prove?

When is the offence complete?

Answer 1

Section 310(1) Crimes Act 1961.

1. There were 2 or more people
2. Those 2 or more people made an agreement
3. The agreement was to commit an offence
4. They had an intention to commit the crime at the time of making the agreement.

The offence is complete when the agreement is made to commit an offence.

Note that if the agreement is made to commit an offence overseas where the act would not constitute an offence, there is no offence committed.

Question 2

What is conspiracy?

Answer 2

An agreement between two or more people to commit an offence.

Question 3

What is an omission?

Answer 3

A failure to act.

An example is a security guard that intentionally leaves a door unlocked so that his associates can gain access to do a burglary.

Question 4

What is the mens rea and actus reus in conspiracy?

Answer 4

Mens rea - to commit the full offence

Actus reus - the actual agreement by 2 or more people to commit an offence.

Question 5

What does it mean for a person to do something intentionally?

Answer 5

They mean to do it. They desire a specific result and act with the aim or purpose of achieving it.

Question 6

What is an ‘attempt’? And what is the act and section?

Answer 6

Attempts - S72 Crimes Act 1961

An attempt is;

1. Having intent to commit an offence
2. Did or omitted to do something to achieve that end
3. Their act or omission was sufficiently close (proximate)

Question 7

What is the relevant case law for an ‘attempt’?

Answer 7

R V Harpur states that an attempt is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

This is basically saying there is sufficient evidence of his intent shown in the events leading up to that point.

Question 8

When are the 3 instances where you can’t charge with an attempt?

Answer 8

1. Assault is included in the definition of the offence
2. When criminality depends on recklessness
3. When the commission of the full offence is required for the offence to exist

Question 9

What is the difference between a question of law and a question of fact?

Answer 9

A question of law is decided by the judge.

A question of fact is decided by the jury.

Question 10

What are the act and sections relating to parties to? (Including secondary offences)

Answer 10

Section 66 (1) Crimes Act 1961

(1) (a) actually commits the offence
(b) does or omits an act to aid a person..
(c) abets in the commission..
(d) incites, counsels or procures..

Section 66 (2)

When a common intention is formed, each one of them is a party to any offence committed by any party, if that was a probable consequence of the prosecution of the common purpose.

Question 11

What does it mean to incite someone?

Answer 11

To rouse stir up or stimulate.

Question 12

What does it mean to abet?

Answer 12

To instigate or encourage.

Question 13

What does is mean to procure?

Answer 13

Making sure something happens.

An example is hiring a hit man.

Question 14

What are the 4 elements of being an accessory after the fact?

Answer 14

1. An offence was committed by a person
2. The accessory knew the person was a party to an offence
3. At the time of knowing this, they receive, assist, comfort them, tamper with evidence or actively suppress evidence
4. Their purpose at the time of doing this was to enable the offender to escape after arrest, or to avoid arrest or conviction.

Question 15

What is the act and section for conspiracy after the fact?

Answer 15

Section 71 (1) Crimes Act 1961

Question 16

What was held in R V Mane?

Answer 16

To be considered an accessory the acts done but the person must be AFTER the completion of the offence.

Question 17

What is wilful blindness?

Answer 17

Burying their head in the sand and failing to inquire because they know what the answer will be. (Not a defence to accessory after the fact)