Parties and Attempts

Question 1

Crimes Act 1961, section 310: (Conspiracy)

ELEMENTS

Answer 1

Conspires
With any person
To commit an offence.

Question 2

Conspiracy (def)

Answer 2

A conspiracy is simply an agreement between two or more people to commit any offence

Question 3

Three requirements for attempt

Answer 3

intent (mens rea)
act (actus reus)
proximate.

Question 4

Penalties for attempts

Answer 4

The penalties for attempts are found in section 311.
− For an offence with a penalty of life imprisonment, the
attempt penalty is 10 years.
− For all other offences, the attempt penalty is half the
penalty for the completed offence.

Question 5

Crimes Act 1961, Section 72 (attempts)

Answer 5

Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 6

Summary Offences Act 1981, section 28
(Preparing to commit an imprisonable offence)
(ELEMENTS)

Answer 6

• 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 7

Summary Offences Act 1981, Section 28 allows police to?

Answer 7

Section 28 allows police to intervene before an imprisonable offence is committed or attempted. It is therefore preventative and minimises the effect on victims

Question 8

Summary Offences Act 1981, Section 28(3) states:

Answer 8

if the offender has previous convictions similar to the type of offence that they appear to have been preparing to commit, these convictions can be presented to the court as supporting evidence of the behaviour exhibited
by the offender.

Question 9

Behaving in a manner from which it can be reasonably inferred that the person is (def)

Answer 9

Carrying out actions from which the court may infer the intentions of the offender

Question 10

Crimes Act 1961, Section 66(1)

Answer 10

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 11

Notes about Crimes Act 1961, Section 66(1)

Answer 11

Inciting, counselling and procuring are all forms of abetting and one who abets also aids.

Section 66(1) is applicable to one offence only. If there is more than one offence, you must apply it to each offence separately.

Question 12

Crimes Act 1961: Section 66(2)

Answer 12

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.