Parties and Attempts to an Offence

Question 1

Preparing to Commit an Imprisonable Offence

Answer 1

Found
+
In any Public Place
+
Behaving in a way that can reasonably be inferred as preperation
+
Preparing to commit and imprisonable offence

Question 2

Attempting to Commit an Offence

Answer 2

Conspires
\+
With any other person(s)
\+
To commit any offence

It is not enough to think about committing an offence or generally discuss, or prepare for offending.
Once planning of an offence occurs, the offending begins.

Question 3

Substantive Offence vs Attempts Offence

Answer 3

Substantive is the ACTUAL OFFENCE itself:
This incurs up to the MAXIMUM PENALTY for the offence, because it was actually committed

Attempted Offence is the ATTEMPT TO OFFEND:
This incurs HALF the PENALTY because although the intent to offend was present, the person was stopped from the actual initiation/completion of the offence

Question 4

Thought and Preparation vs Planning and Action for Attempts to Offend

Answer 4

Thinking about and preparing to commit an offence is not an attempt of an offence.

The person must Conspire with person(s), must start towards the completed offence in some measurable way. Once Planned and actions towards the offence put into motion, the person may be arrested at any time. The closer the person is to completing the substantive act, the stronger the case of attempts offence is.

[Consider community and personal safety when allowing attempt offences to continue past first arrestable instance.]

Question 5

Factually vs Legally; Possible

Answer 5

Factually Possible means that the offence needs to be able to occur.
For instance: There must be something to steal for them to be guilty of theft

Legally Possible means that the offence has occurred if the person displayed behaviour that proved they thought they were committing an offence at the time they were observed.
For instance: They reached into someones pocket and had a history of pick pocketing, but found nothing to steal. They have committed theft, despite them finding nothing in the pocket to steal, as they intended to steal anything they found

Question 6

Commits

Answer 6

Commits the Offence

Question 7

Aids

Answer 7

Helps; Actually assists with some aspect of an offence

Question 8

Abets

Answer 8

Encourages, or assists someone offending

Question 9

Incites

Answer 9

Urges, or causes someone to commit and offence

Question 10

Counsels

Answer 10

Advises, Starts, or Plans someone elses offending

Question 11

Procures

Answer 11

Obtains in some form, an item that allows someone to commit an offence

Question 12

Passive Presence and Commission of an Offence

Answer 12

Passive presence does not confirm commission of an offence.
Allowing commission of an offence, or not reporting the offence can sometimes be inferred as commission of an offence, mostly in cases where it is their obligation to stop, or avoid the commission of the offence type.
[Child Abuse, Dangerous Driving]

Question 13

Probable Consequence

Answer 13

If any offending that occurred was a probable outcome during the commission of an offence then anyone involved in that offence may be charged for the offence that occurred.

[Armed robbery: One person shoots a security guard. All members of that robbery are liable to prosecution. Robbery with a weapon is probable to cause GBH, or Death]

Question 14

Parties to Offence

Answer 14

Anyone in some way involved in the commission of an offence.

Different levels of liability for prosecution.
This level of liability is dependant on their knowledge of the offence, intended actions to complete the offence and intent and actions of other parties involved in the offence