Terms in this set (11)
What is not possible within the Criminal Attempts Act?
You cannot attempt to conspire, counsel or procure
What are the 2 important points about encouraging and assisting an offence?
1. Must believe the offence will be committed
2. Must provide practical encouragement/assistance
What is important relating to attempts - the main point to be proven?
The acts were more than merely preparatory, the person had "embarked on the crime proper".
In what case will it not be an offence for encouraging or assisting?
When the offence is 'protective' and designed to protect someone who would be considered a victim. Not capable of encouraging/assisting in something that was designed to protect you
What must be present for manslaughter by unlawful act?
a) inherently unlawful act b) evidence act involved risk of someone being harmed (judged objectively) c) mens rea for unlawful act
When can an assault not be committed?
By an OMISSION
What is the mens rea for assault?
intention to cause harm or subjective recklessness as to that consequence
What is the point to prove for assault resisting arrest?
offender must assault any person knowing they are trying to make or assist in arrest
What is important about the 'threat' in affray?
Cannot be words alone
In affray explain the hypothetical person main point
This person does not HAVE to be present. But there has to be a likelihood that the person COULD be present
What is important about 'supply' in supplying articles for use in fraud?
person receiving is enabled to apply to own purpose, i.e. to benefit from it