Evolution Of The Offence

Question 1

Men’s Rea

Answer 1

Men’s Rea is the presence of a guilty mind.

Must go to all ingredients of the offence and be present at the time of the act/omission.

Question 2

Conspiracy

Answer 2

A conspiracy is an agreement between two or more people to commit an offence.

Question 3

Section

Answer 3

Section 310(1) crimes Act 1961

Question 4

For a conviction the Crown must prove

Answer 4

Two or more people were involved.
An agreement was made.
The agreement was to commit an offence.
At the time of agreement their intention was to commit the offence

Question 5

R v Mulcahy

Conspiracy

Answer 5

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 by unlawful means

Question 6

R v Harpur

Attempts

Answer 6

In assessing the conduct there must be a full evaluation in terms of time, place and circumstances.

Question 7

Define party to offences in section 66(1), Crimes Act 1961

Answer 7

A) Actually commits the offence
B) Omits or Aiding anyone to commit the offence
C) Abets anyone in the commission of the offence
D) Incites, Counsels, or procure any person in the commission of offence

Question 8

Accessory after the fact

Answer 8

An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence

Question 9

R v Mane

Offence must be completed

Answer 9

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

Question 10

R v Crooks

Knowledge

Answer 10

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

Question 11

Define parties to offences in section 66(1), Crimes Act 1961

Answer 11

The person actually committing the offence is liable as a principal and those who assist the principal in some way or join with the principal

Question 12

AIDING

Answer 12

To assist in the commission of the offence, either physically or by giving advice and information.

Question 13

ABETS

Answer 13

To instigate or encourage; that is, to urge another person to commit the offence