OF10 Parties and Attempts

Question 1

What is Sec 28 of SO act 1981?

Answer 1

Preparing to commit an imprisonable offence

Question 2

What are the elements of Preparing to Commit an Imprisonable Offence?

Answer 2

Found - to be seen entering/exiting, discovered, come upon

In any public place - a place at any material time is open to the public whether free or by charge

Behaving in a manner from which it can be reasonable inferred that the person is

Preparing to commit an imprisonable offence

Question 3

How do previous convictions apply to Sec 28?

Answer 3

Sec 28(3)

Previous convictions shows propensity and that they are likely to continue offending.

A second offence of this within 12 months of the first offence carries a penalty of 3 months prison and/or fine $2000

For first offence penalty of fine $2000

Question 4

What is sec 310 of Crimes Act?

Answer 4

Conspiracy

Conspires - plots or plans

With any person - must be with one or more person

To commit any offence - the aim of the conspiracy must be to commit an offence

Question 5

What is sec 72(1) of Crimes Act 1961?

Answer 5

Attempts

you must be able to prove the identity of the suspect and they:

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

Question 6

what are the three requirements to charge with ‘Attempts”?

Answer 6

mens rea  (intent)
actus reus  (actions)
proximate  (immediately connected - penultimate act)

Question 7

What is sec 311(1) of crimes Act 1961?

Answer 7

Is a general provision the provides penalty - 1/2 maximum penalty if the offence was completed

Question 8

what is sec 66(1) of Crimes Act 1961?

Answer 8

Parties to the commission of Offences

66(1)
everyone is a party to, and guilty of, an offence who:
(a) actually commits the offence
(b) does or omits an act to aid any person
(c) abets any person
(d) incites. counsels or procures

Sec 66(1) deals with offences that were actually intended

Question 9

what is sec 66(2) of Crimes Act 1961?

Answer 9

where 2 or more persons form a common intention

each is a party to every offence committed by one of them

If the commission of that offence was known to be a probable consequence of the prosecution of the common purpose

Sec 66(2) is directed at offences that were not actually intended