M8 Extending Criminal Liability Flashcards
what is the offence of criminal Conspiracy and which sec?
s321 of CA 1958
an agreement by two or more persons to do an unlawful act, or to do a lawful act by unlawful means- Mulcahy v R(1868) LR 3 HL 306.
what is the difference between double jeopardy and double punishment?
double punishment refers to an accused bering charged twice of the same incident and with same criminal elements. Eg; a person is charged with speed driving and careless driving at the same time. while, double jeopardy refers to more than once criminal trial of an accused. In Vic, an accused can be trailed more than once for a serious criminal crime like murder.
Elements of Conspiracy?
Actus rea- Agreement Mens rea- Intention
“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, or to do a lawful act by unlawful means.So long as such a design rests in intention only, it is not indictable.When two agree to carry it into effect, the very plot is an act in itself…”- Mulcahy v R*(1868):
parties to a conspiracy offence?
agreement should be made between two or more parties in taking an unlawful action or with an unlawful means.
A conspiracy may involve more than two parties, and may be joined by additional parties, but such persons will only be a party to the original conspiracy if they agree to all objects of that conspiracy: Gerakiteys v R(1984) 153 CLR 317.
what is an attempt and which sec?
