Parties And Attempts

Question 1

Elements for “preparing to commit an imprisonable offence”?

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

Where does your power of arrest come from for “preparing to commit an imprisonable offence”?

Answer 2

Section 29(1) of the summary offences act

Question 3

In each case of “attempting to commit” what must we prove?

Answer 3

• the identity of the suspect
• that they intended to commit an offence
• that they did, or ommitted to do something to achieve that offence

Question 4

What 3 conditions must be met for a successful conviction of attempt?

Answer 4

Intent

Act

Proximate

Question 5

What are the three stages of acts?

Answer 5

Antepenultimate act

Penultimate act

Ultimate act

Question 6

What does antepenultimate mean?

Answer 6

The very first act that is proximate to the offence. I.e., pulling the gun from a pocket before aiming it

Question 7

What does penultimate act mean?

Answer 7

The second act usually proximate to the offence. I.e., the action of aiming the gun but not yet firing it

Question 8

What does ultimate act mean?

Answer 8

The final act i.e., firing the gun

Question 9

What does parties to offences mean?

Answer 9

Assist in a variety of ways with an offence

Or

While participating or helping sith the offence, commit the full offence themselves

Question 10

What does section 66(1) of the crimes act refer to?

Answer 10

Deals with persons who actually commit an offence by assisting in some way. This means they become parties to the offence

Question 11

What does section 66(2) of the crimes act refer to?

Answer 11

2 or more persons form a common INTENTION to commit an offence. Each will be guilty of an offence committed by the other