OF05: Parties and Attempts

Question 1

Elements of preparing to commit an imprisonable offence

Answer 1

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

Question 2

When can previous convictions be used during prosecution evidence?

Answer 2

Section 28 (3)
- can be presented to the court if the convictions are similar to the offence they appear to be preparing to commit

Question 3

The three conditions that must apply to gain a conviction for an attempt

Answer 3

• Mens rea
• Actus reus
• Promixity

Question 4

What is Section 72

Answer 4

Attempts

• intended to commit an offence and
• did, or omitted to do, something to achieve that end

Question 5

Section 311

Answer 5

Half maximum penalty

- life goes down to 10 years

Question 6

Ultimate act

Answer 6

Always proximate

e.g. pouring cyanide in water with intent to kill

Question 7

Penultimate act

Answer 7

Usually proximate

e.g. lighting the match but not setting the building alight

Question 8

Antepenultimate act

Answer 8

Sometimes proximate

e.g.removing gun from pocket intending to shoot someone