Parties and Attempts

Question 1

Conspiracy elements

Answer 1

CONSPIRES

WITH ANY PERSON

TO COMMIT ANY OFFENCE

Conspiracy is simply an AGREEMENT between two or more people to commit any OFFENCE

Question 2

THREE requirements of attempts

Answer 2

• Intent (Mens rea)
• Act (Actus rea)
• Proximate

Question 3

Levels of proximity in attempts

Answer 3

The ULTIMATE ACT
- this is always proximate
(Shooting gun but misses)

the PENULTIMATE ACT
- this is usually proximate
(Aiming gun)

the ANTEPENULTIMATE ACT
- this is sometime proximate
(Removing gun from holster)

Question 4

Proportion of penalty for attempts compared to substantive offence

Answer 4

Half of actual offence

Question 5

Steps of an offence (Attempts)

Answer 5

Intention - no offence
Conspiring - offence of conspiracy
Preparation - Offence if you can prove conspiracy also
Action - Preparing to commit an imprisonable offence
Antepenultimate - Offence as above
Penultimate - Offence of attempted …
Ultimate action - Offence of …

Question 6

Section 66(1) parties offence

Answer 6

Two or more people who actually commit an offence by assisting in some way. Their assistance means they become parties to the offence.

Everyone is part to and guilty of an offence who:

• Actually commits the offence, OR
• Does or omits an act to aid any person to commit the offence, OR
• Abets any person in the commission of the offence, OR
• Incites, counsels or procures a person to commit the offence.

Question 7

Section 66(2) Parties offence

Answer 7

Two or more people forming a common intention to commit an offence. Each will be guilty of an offence committed by the other in certain circumstances.

Question 8

Section 66(1) key words and differences

Answer 8

Actually commits the offence

Aids - Helps, gives actual assistance
Abets - Encourages or assists
Incites - Urges or stirs up
Counsels - Gives advice, instigates or plans
Procures - Obtains, acquires or brings about