Attempts/Parties To Offences Flashcards
Section 66 - Crimes Act 1961
Provides for the prosecution of offenders who assist, in a variety of way, with an offenc, or, while participating or helping with the offence, commit the full offence themseles
Section 66(1) - Crimes Act 1961
Deals with two or more persons who actually commit the offence by assisting in some way. Their assistance means they become parties to the offence
Section 66(2) - Crimes Act 1961
Deals with two 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.
Aids
Helps; gives actual assistance in the commission of the offence
Abets
Encourages or assists
Counsels
Gives advice, instigates or plans
Section 310 - Crimes Act 1961
Conspires / With any person / To commit any offence
Conspiracy
A conspiracy is simply an agreement between two or more people to commit any offence
Section 72(1) - Crimes Act 1961
Attempts - intended to commit an offence and did, or omitted to do, something to achieve that end.
Three requirements for an attempt
Mens Rea (Intent), Actus Reus (Act), Proximate.
Section 311(1) - Crimes Act 1961
Half of the maximum penalty