OF05: Parties & Attempts

Question 1

What are the elements of Preparing to Commit an Offence?

Answer 1

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 and imprisonable offence

Question 2

What is the definition of Found?

Answer 2

To be seen, to be heard, to come upon

Question 3

What is the definition of Public Place?

Answer 3

A place at any material time is open to or used by the public whether free or on payment of charge…owner/occupier of place is lawfully entitled to exclude or eject any person from that place

Question 4

What is the definition of Behaving in a manner from which it can be reasonably inferred that the person is?

Answer 4

Carrying out actions from which the court may infer the intentions of the offender

Question 5

What is the definition of Preparing to Commit an Imprisonable Offence?

Answer 5

Preparing to commit any imprisonable offence

Question 6

What is the definition of Attempt?

Answer 6

Intended to commit an offence, or did or omitted to do, something to achieve that end + prove their identity

Question 7

What is your power to arrest?

Answer 7

Section 39, Crimes Act 1961

Question 8

What are the three requirements to prove Attempt?

Answer 8

Intent (Mens Rea), Act (Actus Rea) and Proximate (immediately connected to the offence)

Question 9

What is the penalty for attempted offences?

Answer 9

Half the max penalty for a completed offence

Question 10

What are the three actions in the proximate?

Answer 10

Antepenultimate, penultimate, ultimate

Question 11

Is physical or factual impossibility a defence?

Answer 11

No

Question 12

What is the penalty for parties to offences?

Answer 12

The sane as if they committed the offence