Parties and Attempts Flashcards
Preparing to commit an imprisonable offence
Elements:
- Found
- In any public place
- Behaving in a manner from which it can be reasonably inferred that the person is
- Prepaing to comming an imprisonable offence
The penalty for “Preparing to commit an imprisonable offence” is
- 1st offence - fine not exceeding $2000
- 2nd offence - 3 month/$2000
If offender commited a similar offence in the past
his history may be used as supporting evidence.
Offending begins (general rule!)
as soon as you begin to plan an offence with another person.
Conspiracy
Elements:
1) Conspires
2) With any person
3) To commit any offence
A conspiracy is
an agreement between two or more people to commit any offence.
To prove the conspiracy the evidence from the following sources might be required:
- admissions from offenders
- electronic surveillance
- undercover police officers
Three conditions that must apply in order for a conviction for an attempt to succeed
1) Intent (mens rea)
2) Act (actus reus)
3) Proximate
Ultimate act is
a proximate act that leads to the offence.
Penultimate act is
usually proximate act that is necessary to commit the offence.
Antepenultimate act is
sometimes proximate act that is necessary to commit the offence.
Section 66(1), Crimes Act 1961
Everyone is a party to/guilty of an offence who:
- actually commits it
- aids
- abets
- incites
- counsels
- procures
Section 66(1), Crimes Act 1961 is applicable to
ONE offence only.
It deal with the offences that were ACTUALLY INTENDED.
Section 66(2), Crimes Act 1961
- two or more people form a common intention to commit an offence and assist each other
- each of them becomes a party to every offence committed in the pursue of the common purpose
- if the commission of that offence was known to be a probable consequence.
Where an offence can be committed only by a person of a designated class
no other person can be convicted as a party to that offence.
