OF05 Prepares, Parties and Attempts

Question 1

What are the elements for Preparing

Answer 1

• Found
• In a public place
• Behaving in a manner from which it can be reasonably inferred that the person is
• Preparing to commit an imprisonable offence

Question 2

Define “Behaving in a manner from which it can be reasonably inferred”

Answer 2

Carrying out actions that a court may infer the intentions of the offender

Question 3

What basic type of offences are imprisonable?!

Answer 3

Category 2-4

Question 4

What conditions do I need to established for a conviction to succeed?

Answer 4

Mens Rea
Actus Reus
Proximate

Question 5

What does sections 72 and 311 tell the court when they are added to an “Attempted offence:

Answer 5

We are giving the court the charge for the full offence PLUS:

72: That an element is missing from the offence attempted

311: Provides provision for punishment of the Attempted offence. List:
- Maximum penalty halved

Question 6

When is an attempt physically or factually impossible?

Answer 6

Not a defence for offender in court.

Physically Impossible: Someone reaches into a handbag to steal a purse. The purse isn’t there. It’s still an attempted offence

Factually impossible: ??

Question 7

Regarding “Parties to offences”, what is the explanation of section 66(1) and 66 (2)

Answer 7

66(1) - Deals with 2 or more people who actually commit an offence by assisting

66 (2) - Deals with Deals with 2 or more persons forming a common intention to commit an offence. Each will be guilty of an offence committed by the other in certain circumstances