Evolution of the Offences

Question 1

What are the 2 specific types of intention in an offence ?

Answer 1

1. Intention to Commit the Act

Intent means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental

2. An intention to get a specific result

Results means ‘Aim, Object or Purpose ‘

Question 2

Mens Rea …

Answer 2

Is the presence of a guilty mind

Question 3

Actus Reus

Answer 3

Criminal Conduct

Guilty Act

Question 4

What is the section and act for Conspiracy to Commit an Offence ?

Answer 4

S310(1)

CA1961

Question 5

What is conspiracy ?

Answer 5

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

It relies on the subjects to form an agreement to do an unlawful act or to do a lawful act by unlawful means.

Question 6

Where there is an intention to commit the offence without an agreement, has an offence been committed ?

Answer 6

No you need the ‘forming of an agreement’ for the offence to be committed with the intention to commit an offence.

Question 7

Is a person still guilty if they withdraw from the agreement after the agreement ?

Answer 7

Yes.

If the person withdraws BEFORE the agreement is made the person is not liable.

Question 8

When is conspiracy complete ?

Answer 8

As soon as the agreement is made with the necessary intent

Question 9

With ‘Accessory after the fact’ S71(1) CA1961, what elements do you consider from the scenario ?

Answer 9

• Knowing
  Must have actual knowledge the person they are assisting has committed an offence
• Party
  Person A and Person B have committed the offence. Person C hides evidence.
• Avoid Arrest
  What they are doing to assist the people involved in the offence committed.
  E.g. getting rid of evidence

Question 10

What section is Attempts ?

Answer 10

S72 CA1961

Question 11

What is the 3 conditions must apply for an ‘attempt’

Answer 11

• Mens Rea
• Actus Reus
• Proximity (that their act or missions was sufficiently close)

Question 12

S72(2) CA1961 highlights ….

Answer 12

Proximity is a question of law.

It is a question that is decided by the judge based on the assumption that the facts of the case are proved.

Question 13

To be considered a part of the offence, when must participation occur ?

Answer 13

Must have occurred 
- before OR 
- during 
(contemporaneous with) 
The commission to the offence AND 
before the completion of the offence

Question 14

What is the Mens Rea for secondary party (under s66) ?

Answer 14

Two elements
1. Must intend his/her action and also intend it will assist the principals actions

2. Must have knowledge of the essential matters which make the principle action an offence.

Question 15

Aid means …

Answer 15

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

In order to aid, the presence of the person offering the aid is not required at the scene, before or during or at the time of the offence being committed.

E.G keeping a look out for someone committing a burglary.

Question 16

Abets mean ….

Answer 16

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

E.G a husband discovers his wife with another man. A fight happens. While the fight continues the wife is encouraging the man to kill her husband.

Question 17

Incites means …

Answer 17

To rouse, stir up, stimulate, animate, urge, or spur on a person to commit the offence

E.G. a sports fan spur on another fan to assault a protester and yells approval while the offence takes place

Question 18

Counsel means …

Answer 18

To intentionally instigate the offence by advising a person on how best to commit an offence,

or planning the commission of an offence for another person.

E.B Baker (letter sent how to blow the safe up)

Question 19

Procurement is

Answer 19

Setting out to see it happens and taking the appropriate steps to ensure that it does

E.G. a woman obtains the service of a hit man to kill her husband and offers money or sexual services to him as payment

Question 20

S(66)(2) is ….

Answer 20

When 2 or more person form a common intention to assist each other to commit an offence

Question 21

What was held in R v Betts v Ridley ?

Answer 21

An offence where no violence was contemplated and the Principal offender in carrying out the common aim uses violence

A secondary offender taking no part in it would not be held liable for the violence used

Question 22

What are the elements for Accessory after the fact ?

Answer 22

Knowing any person to be a part to offence
Receives Comforts or Assist that person
OR tampers with
OR actively suppresses any evidence against H/H

In order to enable H/H to escape arrest or to avoid arrest or conviction

Question 23

What case law defines a person to be an accessory and what was held in that case law ?

Answer 23

R v Mane

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

Question 24

What is Guilty Knowledge ?

Answer 24

Knowing means “knowing or correctly believing”

The defendant may believe something is wrong but CANNOT KNOW something that is false.

Question 25

Define knowledge ?

Answer 25

R v Crooks

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 26

What must the accessory possess the knowledge of?

Answer 26

• That an offence was committed

- The person they are assisting was a party to that offender.

Question 27

A person is considered wilfully blind in only 2 situations there being …

Answer 27

• Person deliberately shuts their eyes and fails to inquire; this is because they knew what the answer would be

OR

• Situation where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order not to know

Question 28

What case law associates with Wiful Blindness ?

Answer 28

R v Briggs
Knowledge may also be inferred from willfull blindness or a deliberately abstention from making inquires they would confirm the suspected truth

Question 29

List the 5 Statutory Defences

Answer 29

Infancy 
Defence of self or others 
Defence of property 
Insanity 
Compulsion

Question 30

List the 6 common Law Defence

Answer 30

Impossibility - Complying with the law must be factually impossible and the circumstances beyond the accuseds control

Necessity - Choice between two evils and the lesser involved breaking the law

Consent - consent is not a defence to murder

Intoxication - can be taken into account in determining whether the accused actually formed the Mens Rea for the offence.

Mistake

Sane Automatism