Parties and Attempts

Question 1

What are the elements in section 72 that create the offence of attempting to commit an offence?

Answer 1

Intent (mens rea)

Act (actually reus)

Proximate

Question 2

What is Section 28 of the Summary Offences Act?

Answer 2

Preparing to commit a crime

Question 3

What are the elements for Section 28 of the Summary Offences Act?

Answer 3

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 4

What is Section 310 of the Crimes Act 1981?

Answer 4

Conspires

With any person

To commit any offence

Question 5

Identify examples where statutes create specific Offences for attempts meaning section 72 isn’t needed

Answer 5

Attempting to pervert cause of justice

Attempted sexual violation

Attempted murder

Attempted dishonest using or taking of documents

Question 6

What are the penalties for someone charged with an attempt?

Answer 6

Half the maximum penalty

If it’s life imprisonment then it’s 10 years

Question 7

What do sections 72(1) and 311(1) tell the court when they are added to the charge?

Answer 7

By showing sections 72(1) and 311(1) you are telling the court that you are charging the offender with an attempt and referring to the attempt penalty provisions

Question 8

What are the 4 elements contained in section 66(1) that make a person a party to an offence?

Answer 8

Commits offence
Aids
Abets (encourages or assists)
Invites, counsels or procures

Question 9

What is abetting?

Answer 9

Encouraging or assisting

Question 10

Outline the elements of section 66(2) as they relate to criminal responsibility of parties to an offence?

Answer 10

When 2 or more persons form a common interest

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

Question 11

What are the 3 processes within proximate?

Answer 11

Antepenultimate

Penultimate

Ultimate