OF05 Preparing to Commit An Imprisonable Offence

Question 1

What are the elements of ‘preparing to commit an imprisonable offence’? S28 SOA1981

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

What is the penalty for ‘preparing to commit an imprisonable offence’?

Answer 2

For a first offence - $2000
2nd or subsequent within 12 months -
3 months and/or $2000

Question 3

What is the definition of ‘behaving in a manner from which it can be reasonably inferred that the person is’?

Answer 3

Carrying out actions from which the Court may infer the intentions of the offender.

Question 4

What are the benefits of previous convictions? Relating to ‘preparing to commit an imprisonable offence’

Answer 4

If the offender has previous convictions similar to the type of offence they were preparing to commit these convictions can be presented to the court as supporting evidence of the behaviour of the offender.

Question 5

Where can ‘preparing to commit an imprisonable offence’ be committed?

Answer 5

The offence can only be committed in a public place.