Evolution of the Offences Flashcards
What are the 2 specific types of intention in an offence ?
- 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
- An intention to get a specific result
Results means ‘Aim, Object or Purpose ‘
Mens Rea …
Is the presence of a guilty mind
Actus Reus
Criminal Conduct
Guilty Act
What is the section and act for Conspiracy to Commit an Offence ?
S310(1)
CA1961
What is conspiracy ?
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.
Where there is an intention to commit the offence without an agreement, has an offence been committed ?
No you need the ‘forming of an agreement’ for the offence to be committed with the intention to commit an offence.
Is a person still guilty if they withdraw from the agreement after the agreement ?
Yes.
If the person withdraws BEFORE the agreement is made the person is not liable.
When is conspiracy complete ?
As soon as the agreement is made with the necessary intent
With ‘Accessory after the fact’ S71(1) CA1961, what elements do you consider from the scenario ?
- 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
What section is Attempts ?
S72 CA1961
What is the 3 conditions must apply for an ‘attempt’
- Mens Rea
- Actus Reus
- Proximity (that their act or missions was sufficiently close)
S72(2) CA1961 highlights ….
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.
To be considered a part of the offence, when must participation occur ?
Must have occurred - before OR - during (contemporaneous with) The commission to the offence AND before the completion of the offence
What is the Mens Rea for secondary party (under s66) ?
Two elements
1. Must intend his/her action and also intend it will assist the principals actions
- Must have knowledge of the essential matters which make the principle action an offence.
Aid means …
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.
Abets mean ….
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.
Incites means …
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
Counsel means …
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)
Procurement is
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
S(66)(2) is ….
When 2 or more person form a common intention to assist each other to commit an offence
What was held in R v Betts v Ridley ?
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
What are the elements for Accessory after the fact ?
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
What case law defines a person to be an accessory and what was held in that case law ?
R v Mane
To be considered an accessory that acts done by the person must be after the completed of the offence
What is Guilty Knowledge ?
Knowing means “knowing or correctly believing”
The defendant may believe something is wrong but CANNOT KNOW something that is false.
Define knowledge ?
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.
What must the accessory possess the knowledge of?
- That an offence was committed
- The person they are assisting was a party to that offender.
A person is considered wilfully blind in only 2 situations there being …
- 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
What case law associates with Wiful Blindness ?
R v Briggs
Knowledge may also be inferred from willfull blindness or a deliberately abstention from making inquires they would confirm the suspected truth
List the 5 Statutory Defences
Infancy Defence of self or others Defence of property Insanity Compulsion
List the 6 common Law Defence
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
