OF05 Preparing to Commit An Imprisonable Offence

Question 1

What are the elements of ‘preparing to commit an imprisonable offence’? S28 SOA1981

Answer 1

• Found
• in any 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

What is the penalty for ‘preparing to commit an imprisonable offence’?

Answer 2

For a first offence - $2000
2nd or subsequent within 12 months -
3 months and/or $2000

Question 3

DEFINE

‘behaving in a manner from which it can be reasonably inferred that the person is’?

Answer 3

Carrying out ACTIONS from which the Court may CONCLUDE the INTENTIONS of the offender.

Question 4

What are the benefits of previous convictions? Relating to ‘preparing to commit an imprisonable offence’

Answer 4

can be used as SUPPORTING EVIDENCE of the behaviour of the offender.

PROPENSITY

Question 5

Where can ‘preparing to commit an imprisonable offence’ be committed?

Answer 5

The offence can ONLY be committed in a PUBLIC place.