Parties and Attempts

Question 1

Attempts: Conditions that must apply to gain conviction.

Answer 1

Intent (Mens Rea)

Act (Acts Reus)

Proximate
The act that constitutes the attempt must be immediately connected with the complete offence.

Question 2

When an attempt is physically or factually impossible.

Answer 2

An offender may attempt to commit an offence that is physically impossible.

This is not a defence. The offender can still be convicted as this is still considered an attempt.

Question 3

Section 311 and Section 72

Answer 3

311 is a general provision that provides a punishment for an attempt to commit an offence that is not specifically provided for elsewhere.
-Normally half the maximum penalty.

72 shows the court you are charging the offender with an attempt and referring to the attempt penalty provisions.

Question 4

66 (1)

Answer 4

Deals with two or more persons who actually commit an offence by assisting in someway. Their assistance means the become parties to the offence.

Elements: Everyone is a party to, and guilty of, an offence who:

a) actually commits the offence, or
b) does or omits an act to aid any person to commit the offence, or
c) abets any person in the commission of the offence or
d) incites, counsels, or procures a person to commit the offence

Question 5

66(2)

Answer 5

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.

Elements: Where two or more persons form a common intention to prosecute any unlawful purpose and to assist each other therein:

• each of them is a party to every offence committed by any one of them in the prosecution of the common purpose,
• if the commission of the offence was known to be a probable consequence of the prosecution of the common purpose.

Question 6

Aids & Abets

Answer 6

Aids : Helps; gives actual assistance in the commission of the offence.

e.g. the lookout at a burglary

Abets : Encourages or Assists

e.g. A gives B a stick to hit C.

Question 7

Incites & Counsels

Answer 7

Incites : Urges on or stirs up

e.g. A yells at B to “give em’ one for me mate”

Counsels : Gives advice, instigates or plans

e.g. Baker wrote a letter to a friend telling him how to blow a safe. Baker was convicted of actually blowing the safe.

Question 8

Procures & Common Intention