OF05: Parties & Attempts

Question 1

what is the offence - (section, elements, penalty) for preparing to commit an imprisonable offence

Answer 1

SOA1981: section 28
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
1st - not exceeding $2000
2nd+ - 3 months impris oR not exceeding $2000

Question 2

3 conditions of that must apply to be convicted of attempt

Answer 2

1. intent (mens rea)
2. act (actus reus)
3. proximate

Question 3

two sections that outline

1. definition of attempt
2. what this states in terms of punishment for attempt offences

Answer 3

1. CA1961: section 72. Definition
2. CA1961: section 311. This is the section that outlines punishment is offence is not an offence itself (ie assault with intent to rob) If commmited offence is life/ 14 years, attempt punishments is no greater than 10 years. All other offences 1/2 of intended offence

Question 4

Crimes act power to arrest

Summary of offences power to arrest

Answer 4

CA1961: section 315
SOA1981: section 39

Question 5

people who help with offence may or may not actually end up commiting

Answer 5

CA1961: section 66 (1) (2)

Question 6

difference between CA1961: section 66 (1) & (2)

Answer 6

(1) - offence by adetting/ heping and counselling

(2) - offence by common intention/ team work to meet end goal. Both liable for actions taken