W10 - Attempts and Conspiracy

Question 1

What is the definition of an Attempt?

Answer 1

Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence

Question 2

Who determines whether or not a person had a sufficient intent to commit an offence?

Answer 2

it is a question of law, and so a judge

Question 3

Which kind of offence is unique for having its own section in the CC?

Answer 3

Attempted murder

Question 4

What is the mens rea for an attempt?

Answer 4

the intent to commit the alleged act in question

Question 5

what is the actus tea for an attempt?

Answer 5

is some step (going beyond mere preparation) towards the commission of the offence

Question 6

What is the mens rea for attempted murder?

Answer 6

the specific intent to kill; anything less cannot lead to a conviction

Question 7

What is the definition of a Conspiracy?

Answer 7

intention to agree, completion of an agreement, and a common design to do something unlawful

Question 8

Is factual impossibility a defence to Conspiracy? (If the ultimate aim of the conspiracy was factually impossible)

Answer 8

No.

Question 9

If a group of people commit a criminal act together, does that constitute a conspiracy?

Answer 9

No. the crown must prove that each of the accused entered into a common plan with a common objective

Question 10

So, if Mike witnesses someone beat up the cashier at a Starbucks, and decides to use the opportunity to swipe a bag of delicious Gold Coast Roast, has he entering into a conspiracy to rob and/or assault?

Answer 10

Probably not.

Question 11

Can a conspiracy have more than one object? Ex. If Sally embezzles money from her employer, and uses the money to fund and underground gambling ring, is that one conspiracy or two?

Answer 11

It’s one conspiracy. Conspiracies can have more than one object.