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Replacement tutorial times

� Apologies for the cancellation of Kim Jennings

tutorial on Monday.

�

For those who missed, please try to attendone of these tutorials this week:

 ± Wed 4pm or 5pm SSCI:148

 ± Wed 5pm SSCI:125

 ± Thurs 4pm or 5pm SSCI:SR5

 ± Thurs 5pm SSCI:125

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So far Criminal Law 1

� Introduction and general principles

� Homicide offences

� Non-fatal (non-sexual) offences� Property offences (stealing and criminal

damage

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Q uiz1. Who has the onus to prove the elements of an

offence?

2. Who has the onus to prove the defence of insanity?

3. What/where is the source of criminal law in WA?

4. Can the Cth Parliament create a criminal offence?

5. What are the two fundamental pillars on whichcriminal responsibility is imposed?

6. Name one homicide offence and its elements.

7. Name the foundational case on causation in

homicide.

8. The foundational case on intention in hcide for WA?

9. Where is assault defined?

10. Name two property offences youve studied.

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Section 392

� A person who steals a thing and, immediately

before or at the time of or immediately after

doing so, uses or threatens to use violence to

any person or property in order

(a) to obtain the thing stolen; or

(b) to prevent or overcome resistance to its being

stolen,

is guilty of a crime .

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The elements of s392

� Steals

� Immediately before, at or immediately after,

uses or threatens violence to any person orproperty

� In order to:

 ± obtain the thing stolen; or

 ± prevent or overcome resistance to its being

stolen.

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Three forms of robbery

1. Robbery simpliciter: s392(e)

2. Armed robbery: s392(c)

3. Robbery with aggravation: s392(d)

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Armed robbery

� Steals

� Immediately before, at or immediately after, uses or threatensviolence to any person or property

� In order to:

 ± obtain the thing stolen; or

 ± prevent or overcome resistance to its being stolen.

� Immediately before, at or immediately after,

armed with any dangerous or offensiveweapon or instrument or pretends to be soarmed

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Robbery with aggravation (s391)

� Steals

� Immediately before, at or immediately after, uses or threatensviolence to any person or property

� In order to:

 ± obtain the thing stolen; or

 ± prevent or overcome resistance to its being stolen.

� (a) imm before, at or imm after - in company,

does bh or threatens to kill; or(b) [victim] is 60 years old or more

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Two kinds of stealing defined in s371

� Fraudulently

� Taking

�Anything capable of being stolen

� Fraudulently

� Converting

� Any property

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What does company provide for an accused?

(i.e. why is it more serious to commit an offence

in company?)

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Company

1. Practical help (actual or potential)

2. Emboldens the accused

3. (Further) intimidates the victim

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� In company: two or more people do the

offence together

� Aiding: One person helps (aids) the other to

do the offence (s7 of the Code)

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Brougham (1986) 43 SASR 187, 191

In company means:

� The person participates

 ±

V is confronted by the combined force; or ± the combined force is used against v.

� Not necessary that more than one strike the v

�

Enough if physically present with intent tophysically participate if required

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Button and Griffen (2002) 54 NSWLR

455, 466

� Affirms Brougham. Adds even if victim

unaware

� Physical presence is an elastic concept

�The limits of physical presence: the coerciveeffect of the group

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Dick (2006) 161 A Crim R 271

� Present at the scene confronting the v

(whether or not intending to participate in

actual commission); or

� In sufficient proximity to embolden and

reassure main offender by being prepared to

intervene

� Does not include the unseen lookout (from s7)

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Section 378 (5): stealing in special

cases� (a) stealing from the person of another 14

years max [no violence required]

� (b) stealing in a dwelling with violence 14

years max [no purpose in violence required]

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Section 393

� With intent to steal,

�Uses or threatens violence to person orproperty

�

In order to: ± obtain the thing intended to be stolen; or

 ± prevent or overcome resistance to its being stolen