Preparing to commit an offence

Question 1

Define Category 2, 3,and 4 offences

Answer 1

2 - An offence with a term of imprisonment less than 2 years
3 - An offence with a term of imprisonment for life or 2 years or more
4 - An offence with a term of imprisonment for life or 14 years or more

Question 2

Elements for Found in a public place preparing to commit an offence

Answer 2

1. Found
2. In any public place
3. Behaving in a manner from which it can be reasonably inferred that the person is
4. Preparing to commit an imprisonable offence

Question 3

Found means?

Answer 3

Peeping or peering or unlawfully on property

Question 4

Any public place

Answer 4

Any material time……

Question 5

Behaving in a manner from which it can be reasonably inferred

Answer 5

The actions from which the court may infer the intentions of offender

Question 6

Section and Power of arrest?

Answer 6

Section 28 of SOA 1981 allows police to intervene BEFORE the offence can take place.
POA - section 39 (1) SOA1981

Question 7

Penalty?

Answer 7

First offence - $2000 fine max

Second and subsequent offences within 12 months 3 months imprisonment or a fine of $2000 max

Question 8

Summary

Answer 8

Section 28 is a preventative provision that allows us to intervene before a
substantive imprisonable offence is committed.
• It is the offence that can be committed before the commission of the full
offence or before an attempt (section 72 of the Crimes Act 1961) is made
to commit the full offence.
• A second offence of preparing to commit an imprisonable offence that
occurs within 12 months of the first offence carries a heavier penalty.
• Evidence of other convictions for similar to the one the offender was
preparing to commit can be used in court to help secure a conviction.
• The offence can be committed only in a public place