OF05 - PREPARING/ATTEMPTING/PARTIES TO COMMIT/ATTEMPT OFFENCE

Question 1

4 ELEMENTS OF PREPARING TO COMITT AN IMPRISONABLE OFFENCE

Answer 1

SECTION 28 SOA 1981

1. FOUND
   definition for peeping/peering/UL on property
2. IN ANY PUBLIC PLACE
3. BEHAVING IN A MANNER FROM WHICH IT CAN BE REASONABLY INFERRED THAT THE PERSON IS
   carrying out actions from which the court may infer the intentions of the offender
4. PREPARING TO COMMIT AN IMPRISONABLE OFFENCE

Question 2

SECTION 28 SOA 1981

Answer 2

Allows police to intervene before an imprisonable offence is committed or attempted. It is therefore preventative and minimises the effect on victims.

Question 3

ELEMENTS FOR ATTEMPTING TO COMMIT AN OFFENCE

Answer 3

F

Question 4

THREE CONDTIONS FOR AN ATTEMPT

Answer 4

1. Intent (mens rea)
   shown that the suspect actually intended to commit the completed offence
2. Act (actus reus)
   must have started to commit the offence
3. proximate
   immediately, and not merely remotely, connected with – the completed offence

Question 5

ULTIMATE ACT

Answer 5

The ultimate act necessary to affect the offence is always proximate. For example, it is attempted murder to place cyanide in a drink with intent to kill the victim

Question 6

PENULTIMATE ACT

Answer 6

The penultimate act necessary to commit the offence is usually proximate.
For example, in attempted arson, it is not necessary to set the match to the building (the ultimate act). It is sufficient to light the match (the penultimate act).

Question 7

ANTEPENULTIMATE ACT

Answer 7

The antepenultimate act necessary to commit the offence is sometimes proximate, especially in serious offences where early intervention is
necessary.

For example, when a person removes a revolver from a pocket intending to shoot someone, it is justifiable to intervene. Removing the revolver from the pocket is the antepenultimate act; the penultimate act is
taking aim and the ultimate act is firing.

Question 8

AN ATTEMPT TO COMMIT AN IMPOSSIBLE OFFENCE

Answer 8

There will be occasions where an offender intends to commit an offence but it is physically or factually impossible to commit the offence.

Physical or factual impossibility is not a defence. Suspects can be convicted of an attempt to commit an offence that was, in fact, a physical or factual
impossibility for them to commit.

Question 9

SECTION 72(1) CRIMES ACT 1961

Answer 9

In each case of attempt, you must prove the identity of the suspect and that they:
• intended to commit an offence, and
• did, or omitted to do, something to achieve that end.

Question 10

SECTION 311(1) CRIMES ACT 1961

Answer 10

Provision to provide punishment for an attempt to commit any offence that is not specifically specified elsewhere.

Question 11

CHARGING S72(1) AND S311(1)

Answer 11

you are telling the court that you are charging the offender with an attempt (section 72) and referring to the attempt penalty provisions (section 311).

Question 12

SECTION 66(1) CA 1961

Answer 12

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 13

SECTION 66(2) CA 1961

Answer 13

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