Matt gets angry at his mechanic and takes a swing at his face but misses him. What can matt be charged with?
Assault
When is a party’s offence committed?
Before or during the offence
Definition of interest in crimes act?
Legal or equitable estate or interest in the property
Matt released from prison, discusses burglary with jeff and john, he does not agree, jeff and john caught waiting for shop to close, what charged?
Matt should not be charged with conspiracy as he did not agree
Todd and Jeff plan to kill cow for cash, Todd shoots and gives to Jeff who sells it and gives Todd 30%, who charged with what?
Both parties to theft
Security guard decides to burgle own work place, drives to work to check alarm so he can burgle it later?
His actions are mere preparation
Matt committed crime, goes to girlfriend and tells her, she receives him and hides him from Police, her liability?
Accessory after the fact
When can charge of perjury commence?
When recommended by Courts or directed by the Police commissioner
Police Sgt watching Constables assault prisoner?
Liable as secondary party to the assault
Unlawful benefiting from significant criminal activity?
Unlawful benefit as soon as receive cash from purchases; how deal with cash Irrelevant
Who can complete restraining application orders?
Only members of asset recovery units may apply for restraining orders, assets forfeiture orders & profit orders
A Guy kills someone then goes home. His flatmate inquires about the blood all over his clothes. He tells the flatmate lies & asks her to get rid of his clothes. She throws them away. The next day the guy comes clean and tells the flatmate the truth. Can the flatmate be charged of being an AATF or party?
Cannot charge AATF or party
Withdrawing from an agreement - Conspiracy?
Still guilty of conspiracy if withdraw after agreement made but can withdraw before it made
When is an act physically or factually impossible?
If it is in question amounts to an offence, but the suspect is unable to commit it due to interruption, ineptitude, or any other circumstances beyond their control.
- R v Ring (hand in empty pocket)
- Higgins v Police (cultivates plants thinks cannabis)
- Police v Jay (hedge clippings thinks cannabis)
Describe the liability of an innocent agent?
An innocent agent carries no liability and is not capable of conviction as a secondary party.
The mens Rea, mental intent necessary for conspiracy is?
The offender’s mental intent must be to commit the full offence. Where this intent does not exist, no crime has been committed.
Three elements/conditions must be satisfied of an attempt offence?
Case law has established the following three conditions that must apply for an attempt conviction to succeed:
- Intent (mens rea)
- Act (actus rea)
- Proximity (sufficiently close)
The suspect behavior must satisfy all three conditions at a minimum to constitute an attempt. Additionally there is the requirement that it must be legally possible to commit the offence in the circumstances. A person can be convicted of an offence that was physically impossible to commit.
Acts must be sufficiently proximate to the full offence.
Generally, to prove an attempt the accused must have done or omitted to do,
- Some act that is sufficiently proximate to the full offence.
- Effectively the accused must have started to commit the full offence & have gone beyond the phase of mere preparation. This is the ‘all but’ rule.
A guy kills someone then went to a mates place. Told the mate of the offence & to hide at the mate’s house. The mate tells his partner of the offence & asks the partner to get rid of the mate’s (offender) clothes. Mate will be an accessory, can the partner be charged with anything?
Accessory After The Fact
Several acts together may constitute an attempt – Attempts to commit an offence?
Several acts together may constitute an attempt. ‘his actions need not be considered in isolation; sufficient evidence of his intent was available from the events leading up to that point.’
R v Harpur
[The Court may]”have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”
You are not able to charge someone with an ‘attempt’ to commit an offence where:
- Criminality depends on recklessness or negligence, e.g. manslaughter
- An attempt to commit an offence is included within the definition of that offence, e.g. assault
- Offence is such that the act has to have been completed in order for the offence to exist at all, e.g. demands with menaces
The test of proximity – Attempts to commit an offence. The following questions should be asked in determining the point at which an act of mere preparation may become an attempt:
- Has the offender done anything more than getting himself into position from which he could embark on an actual attempt? Or
- Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
Secondary Offenders – Parties to Offences?
- Those who assist in the principle offenders(s) either before or during the commission of an offence are considered secondary offenders & thus their liability generally lies within the scope of s66(1)(b), (c) or (d).
- To be party to an offence, the acts of the secondary offender must be earlier in the time or contemporaneous with the acts of the principle offenders(s). Whether the acts are contemporaneous is dependent on the circumstances of each case.
- Where the act was part of the original planning, eg: providing a means of escape, the person who committed this act would be deemed to be a principle party.
- However, a person cannot be convicted as a party for an offence that is already complete. In such a case they would be liable as an accessory.
Legal Duty – Parties to offences…provide an example?
An army sergeant who watches as a subordinate assaults another person & does nothing to prevent it would be liable as a secondary party to the assault. This is because the sergeant has a power of control over the subordinate & a lawful duty to prevent such incidents & intervene.
