Final Exam - Conspiracy 2 Flashcards
Outline the meaning of
Attempt to pervert the course of justice
Did acts which had the tendency to pervert the course of justice.
Tendency of conduct to pervert the course of justice will be proved by
- showing that w/o further action by the accused, there is real possibility or risk that what he did/said had the capacity to interfere with the proper administration of justice
Outline
s325 CA
Accessory
- A serious IO (principal offence) has been committed
- Accused knew/believed that the principal offender had committed the principal offence or some other serious IO
- Accused w/o lawful authority or reasonable excuse, performed an act with the purpose of impeding the
- apprehension
- prosecution
- conviction
- punishment
of the principal offender
Outline
s338 CA 1958
Accessory after the fact (spouse)
Married person is not an accessory to IO if he
- Receives
- Relieves
- Comforts
- Assists
his spouse or his spouse and another with the view to their escape, apprehended tried or punished
What is the meaning of
Inchoate
“Recently started but not fully formed yet”
“Not yet completed or fully developed”
“Being only in partly in existence or operation”
This category of offences covers the illegal acts which have not yet been committed
Outline
s321G CA 1958
Incitement
“Commanding, requesting, proposing, advising encouraging or authorising a course of conduct”
Once the inciter has incited the offence is complete
Even if the offence is impossible to commit - bank robbery but bank is closed
