Reas / Consipracy / Attempts / Accessory/ Parties Flashcards
ACTUS REA
Criminal conduct - voluntary commission of an unlawful act
MENS REA
State of mind.
Intention to commit a deliberate act or omission more than invoulentary/ accidently
&
Intention for a specific result - Aim/purlose/outcome
How more to prove intent.
Circumstantial evidence
- offenders actions/words
-addmissions
ex-offenders living state
Contemporaneous
The actus rea and the mens rea occur at the same time or near the commission of the offence
Formal defense
- too intoxicated
- Self defense
- automisim
- insanity
Continuum of offending
The concept of of a substantive charge has been identified allowing that offence to carrying intruder to gather evidence.
This continuum identifies further offending and parties.
The test to complete is how much risk to the public do I want to do in order to get more evidence.
Conspiracy elements
S 310 CA 61
Every one conspires
With another person
To commit any offence or to do or omit
In any any part of the world, anything that is done or omitted is an offence in Nz
Liable for 7 years
4 elements to prove for conspiracy
PAOI
2+ People
An Agreement was made
The agreement was to commit an Offence
At the time the of the agreement the Intention was to commit the offence
Mulcahy V R
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 intentional only it is not indictable. When two agree to carry it into effect the very plot is an act in itself.
The agreement during which the intention was to commit the intended offence is conspiracy
Restrictions on conspiracy
Cannot back out after agreement
Can back out prior to agreement
Can agree but all choose to abandoned
Actus and mens rea for conspiracy
Actus - the agreement between the people
- gestures
- words
- physical acts
Mens - is the agreement and to commit the offence
Formal defences for conspiracy
Agreement made under duress
Can spouses conspire together
Yes
3 elements to prove for attempts
Intention (mens rea) - to commit the offence
I.e to unlawfully without claim of right deprive the person permanently of that property
Act (actus rea) - that they did/omitted was sufficiently close.
I.e put hand in pocket but empty
Sufficiently proximate - that the actus rea was sufficiently close.
I.e penis was inches away from penetrating but police intervened.
R v harpur
The courts may regard to the conduct viewed cumulatively up to the point when the conduct in question stops the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant thought not determinative.
Parties
Every one guilty of parties
. Actually commit offence
.does or omits an act for the purpose of aiding any person that commits act
.abets any person in the commission of offence
. Incites counsels or procures any person committing offence
Parties 66(2)
3 boys play cricket
Where there is a common to prosecute any unlawful purpose. And to assist eachother Each a party to every offence If the prosecution of common purpose Was known to be a probable consequence
So every body that together commits an unlawful offence. Are all liable for the offence committed if the consequense was known to be probable caused.
R v Betts and Ridley
Parties
An offence where no violence is contemplated and the principle offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.
Appreciation
2 forms
Full formal appriciation - high level/ dufficult/ admin
Ie OP orders
Shortened note appreciation- non urgent/ less complex/ daily policing
AFCO
Aim - simple (locate person x and arrest)
Factors - contributing factors (ie staffing if they run i only have two people SO WHAT I’ll ask for more staff to come down THEREFORE I’ll have a better chance of capturing
Courses open - options going through of what your going to do - discuss the advantages and disadvantages
Outcome/plan - selecting the best plan.
Commanders intent
This is what you are tasked to do or what the situation may require of you. What the desired end state or outcome will be.
Constraints
A constraint is any limitation given to you by the ‘commanders intent’ or out of the information you have received.
List some factors
Weather - the wether may deteriorate SO WHAT I’ll get fire to erect a tent THEREFORE the scene will be preserved.
Specialist- the specialist may not be available SO WHAT I’ll call DCC and arrange another specialist THEREFORE I can complete that aspect.
Resources/staffing - as pre before
Dishonestly TAKES or USES a document
228(1)(a) CA 1961 - 7 years imprisonment
Who with intent to obtain any
Property - tangible or intangible - real and personal property.
Service - something that holds a financial or economical value
Pecuniary advantage - (Hayes v R) anything that enhances the accused financial positions.
Valuable consideration - (Hayes v R) anything capable of being a valuable consideration whether monetary kind or of any other kind.
a. Dishonestly // WOCR // Takes or obtains // document
b. Dishonestly // WOCR // uses or attempts to use // document
…. if theres a document mentioned then this one no document the 240….
Dishonestly
In relation to an
Act or Omission means done or omitted
Without a belief
There was expressed or implied consent or authority
The act or omission from a person entitled to give such consent or authority
Claim of right
Any act
Belief at the time of act in a possessionary or propritety right in property in relation to which the offence is alleged to have committed
Although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
– example selling the car–
A. At each time there was a common belief vehicle was theirs.
B. Intention was not made at the time first sale made = offence … at the second sale although obtained by deception and sold lawfully the third person owns vehicle because they in good faith thought def had a claim of right to it.
What is a document
R v Misic -
Essentially a document is a thing which provides evidence or information or serves as a record.
Document can be anything that offers information - heading towards technology side so electronic based.
Attempts to use document
Hayes v R
An unsuccessful use of a document is as much as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining a pecuniary advantage which is not a necessary ingredient of the offence. Because the use does not have to be successful it maybe difficult to draw a clear line between use and attempted use.
Obtain by deception or causes loss by deception
240 CA 1961 - 3 years imp
Obtaining by deception
Or causing loss by deception who
By any deception and without claim of right.
a. Obtains ownership // poesseion of // control over any property or // P// S // PA // B // VC //directly or indirectly.
b. In incurring any debt or liability obtains credit
c. Induces or causes any other person to deliver over //execute // make // accept // endorse // destroy // alter any document // thing capable of being used to derive a PA
d. Causes loss to any other person
What to prove for 240(2)
Intent to deceive
There was a representation (a false fact) by the defendant
Representation was false and the defendant either
- knew it to be false in a material OR
- wa sreckless whether it was false in material particular.
Takes or obtains exam form
Dishonestly takes OR uses a document Section 228(1)(a) CA 1961 7 years imprisonment
