Evolution of the Offence

Question 1

Crimes Act 1961, Section 310(1)

Answer 1

CONSPIRACY
Two or more people.
Agree
To commit an offence

Question 2

CONSPIRACY
Crimes Act 1961, Section 310(1)
Penalty?

Answer 2

liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and in any other case is liable to the same punishment as if he or she had committed that offence.

Question 3

Mulcahy v R

Answer 3

WHAT CONSTITUTES A CONSPIRACY

Not just two or more, but in the agreement of two or more to do an unlawful act, or a lawful act by unlawful means.

Question 4

Crimes Act 1961, Section 67

CONSPIRACY BETWEEN SPOUSES OR CIVIL UNION PARTNERS

Answer 4

A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

Question 5

ATTEMPTS

Answer 5

Crimes Act 1961, Section 72
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 6

Crimes Act 1961, Section 72

Answer 6

Attempts
having intent to commit an offence
does or omits an act for the purpose of accomplishing his object

Question 7

R v HARPUR

Answer 7

In assessing the conduct there must be a full evaluation in terms of time, place and circumstance.
Quality of the Defendants acts and the time, place and circumstances in which they occurred

Question 8

Function of the Judge

Answer 8

must decide whether the accused had left the preparation stage and was already trying to effect the completion of the full offence.

Question 9

Function of the Jury

Answer 9

must decide whether the facts presented by the crown have been proved beyond reasonable doubt.
If so whether the Defendants’ acts are close enough to the full offence.

Question 10

Parties

Answer 10

Crimes Act 1961, Section 66(1)

Question 11

Crimes Act 1961, Section 66(1)

Answer 11

PARTIES

a) Actually commits
b) Does or omits an act for the purpose of aiding any person to commit
c) Abets any person in the commission
d) Incites, counsels or procures any person to commit

Question 12

AIDS

Answer 12

Physically or by giving advice or information

Question 13

ABETS

Answer 13

Instigate, encourage or urge another to commit

Question 14

INCITES

Answer 14

rouse, stir up, spur on

Question 15

COUNSELS

Answer 15

Intentionally instigate the offence by advising the person on how to best commit or by planning the commission for some on else

Question 16

PROCURES

Answer 16

Setting out to see that something happens & taking appropriate steps to ensure that it does

Question 17

Secondary Party

Answer 17

• must intend their own actions and also intend that it will assist the principals
• Must have knowledge of the essential matter which make the principals action an offence

Question 18

Crimes Act 1961, Section 66(2)

Answer 18

PARTY TO SECONDARY OFFENCE
2 or more person form a common intention to prosecute any unlawful purpose and to assist each other therein.
-each is party to every offence committed by any one of them in the prosecution of that offence is known to be probable consequence

Question 19

Crimes Act 1961, Section 71

Answer 19

Accessory After the Fact

Question 20

The Appreciation Process

Answer 20

Aim (Commanders Intent)
Factors
Courses open
Plan

Question 21

R v Betts & Ridley

Answer 21

An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.