Parties & preparing to commit Flashcards

0
Q

What is an example of a person who commits a parties to an offence for Burglary?

A

When two men are intending to carry out a Burglary agree to assault someone that interrupts.

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1
Q

Give an example of a parties to offences written is act and sections?

A

Crimes Act 1961 232(1)(a) & 66(1)

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2
Q

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

A
Aids 
Abets 
Incites 
Councils 
Procures
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3
Q

Name all the related acts and sections for parties to offences?

A
Section 66(1) - this is 2 people commit an offence by actually assisting
Section 66(2) - this is 2 persons that have a common intention. They may not both do the offence but they have both agreed
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4
Q

What is power to arrest?

A

Section 315 of the Crimes Act 1961
2(a) - if he finds
2(b) - good cause to suspect

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5
Q

Explain passive presence?

A

Passenger of in a speeding car is the owner of the vehicle.

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6
Q

What is the power to arrest for an preparing to commit an imprisionable offence?

A

Summary of offences Act 1981 section 39(1)

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7
Q

What is the ingredients for preparing to commit an imprisonable offence?

A
  • Found
  • In a public place
  • Behaving in a manner from which it can be reasonably inferred
  • An imprisionable offence
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8
Q

When you a writing up a Summary of Facts what is the section number that you include for preparing to commit?

A

s28(2)

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9
Q

Where does my power to arrest for preparing to commit an imprisonable offence come from?

A

s39(1) Summary of Offences Act 1981

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10
Q

What are the two sections of the Summary of Offences Act 1981 that relate to preparing to commit an imprisonable offence?

A

s28(2)-Penalty 1st=2000 2nd=3mth/$2000
within 12 months.
s28(3)-Previous convictions of a similar offence submitted as prepencity

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