Questions I

Question 1

What are the 4 points that should be covered off when interviewing witnesses for a conspiracy

Answer 1

1. The identity of the people present at the time of the agreement
2. With whom the agreement was made
3. What offence was planned
4. Any acts carried out to further the common purpose.

Question 2

What 5 points should be covered off when interviewing conspiracy suspects

Answer 2

1. The existence of an agreement to commit an offence, or
2. The existence of an agreement to omit to do something that would amount to an offence, and
3. The intent of those involved in the agreement
4. The identity of all people concerned where possible
5. Whether anything was written, said or done to further the common purpose.

Question 3

Explain why laying both a substantive charge and a related conspiracy charge is often undesirable

Answer 3

1. The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
2. The judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
3. The addition of a conspiracy charge may unnecessarily complicate and prolong a trial.
4. Where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed.
5. Severance may be ordered. This means that each charging document may be heard at separate trials.

Question 4

What are the three elements of an attempt offence

Answer 4

1. Intent (mens rea) – to commit an offence
2. Act (actus reus) – that they did, or omitted to do, something to achieve that end
3. Proximity – that their act or ommission was sufficiently close

The suspect behaviour must satisfy all three conditions, at a minimum, to constitute an attempt.

Question 5

What was held in Larkins v Police and what are 3 examples of assistance

Answer 5

While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.

1. Keeping lookout for someone committing a burglary.
2. Providing a screwdriver to someone interfering with a motor vehicle.
3. Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary.

Question 6

Parties to Offences Legislation (1)

Answer 6

S66 (1) CA61

(1) Every one is a party to and guilty of an offence who-
(a) Actually commits the offence; or
(b) Does or omits an act for the purpose of aiding any person to commit the offence; or
(c) Abets any person in the commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.

Question 7

Parties to Offences
Legislation 66(2)

Answer 7

Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

Question 8

How might the involvement of parties be established

Answer 8

1. A reconstruction of the offence committed. This would indicate that more than one person was involved, or that the principal offender had received advice or assistance.
2. The principal offender acknowledging or admitting that others were involved in the offence.
3. A suspect or witness admitting to providing aid or assistance when interviewed.
4. A witness providing you with evidence of another person’s involvement based on their observations.
5. Receiving information indicating that others were involved in the offence.

Question 9

Difference between sec 66(1) and 66(2)

Answer 9

S66(1)(a) to (d) Deals with situations where the people involved are a party to the intended offence.

S66(2) Deals with situations where the people involved are a party to the intended offence and a party to any secondary offence committed in pursuance of the intended offence.

Question 10

What is the distinction between ‘aiding and abetting’ and ‘inciting, counselling and procuring’?

Answer 10

In general terms, ‘aiding and abetting’ requires the aider or abettor to be present at the scene before or at the time of the offence being committed, whereas ‘inciting, counselling and procuring’ describe the actions taken before the offence is carried out.

Question 11

Significant criminal activity definition

Answer 11

Is defined as activity engaged in by a person that if proceeded against as a criminal offence would amount to offending—

(a) that consists of, or includes, 1 or more offences punishable by a maximum term of imprisonment of 5 years or more; or
(b) from which property, proceeds, or benefits of a value of $30,000 or more have, directly or indirectly, been acquired or derived.