Preparing And Attempting To Commit An Imprisonable Offence And Parties To Offences.

Question 0

What is the penalty for preparing to commit an offence?

Answer 0

1st offence - fine not exceeding $2000.

2nd and subsequent offences - 3 months imprisonment or fine not exceeding $2000.

Question 1

What are the ingredients for preparing to commit an imprisonable offence?

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

Is evidence of other Offences similar to the one the offender was preparing to commit allowed to be used in court to support the prosecutions case?

Answer 2

Yes, section 28(3) of the Summary Offences Act 1981 allows this.

Question 3

What are the ingredients for attempting to commit an offence?

Answer 3

In each case you must prove that they:

• Intended to commit the offence, and
• did or omitted to do, smothering to achieve that end.

Question 4

What are the 3 requirements for an attempt?

Answer 4

• Intent (mens rea)
• act (actus reas)
• proximate

Question 5

What are the 3 proximates?

Answer 5

The ultimate act - the act required to commit the actual offence
The penultimate act - this is usually proximate enough for attempts
The antepenultimate act - this is sometimes enough for attempts. For more serious crimes it is and for less serious crimes it is not.

Question 6

What is the penalty of attempting to commit an offence?

Answer 6

Section 311(1) of the Crimes Act 1961 states that the penalty for attempting to commit an offence will be:
Half the maximum penalty, or
10 years imprisonment for crimes that have a life imprisonment penalty.

Question 7

What are the ingredients for conspiracy?

Answer 7

• Conspires
• With any person
• To commit an offence.

Question 8

What sections are the Parties to Offences under in the Crimes Act 1961?

Answer 8

Section 66(1), and
section 66(2).

Question 9

What is the section 66(1) offence for Parties to Offences?

Answer 9

Deals with two or more persons who actually commit an offence BY ASSISTING IN SOME WAY. Their assistance means they become parties to the offence.

Question 10

What are the ingredients for Section 66(1) of the Crimes Act 1961, parties to offences.

Answer 10

Everyone is a party to and guilty of an offence who:
A) Actually commits the offence, or
B) does or omits an act to aid any person to commit the offence, or
C) Abets any person in the commission of the offence, or
D) Incites, counsels or procures a person to commit the offence.

Question 11

What is the section 66(2) offence for parties to offences?

Answer 11

Where two or more persons for a COMMON INTENTION to prosecute any unlawful purpose and to assist each other therein:

• each of them is party to every offence committed by any one of them in the prosecution of the common purpose.
• if the commission of the offence was known to be a PROBABLE CONSEQUENCE of the prosecution of the common purpose.