Parties & preparing to commit Flashcards
What is an example of a person who commits a parties to an offence for Burglary?
When two men are intending to carry out a Burglary agree to assault someone that interrupts.
Give an example of a parties to offences written is act and sections?
Crimes Act 1961 232(1)(a) & 66(1)
What are the elements contained within section 66(1) that make a person a party to an offence?
Aids Abets Incites Councils Procures
Name all the related acts and sections for parties to offences?
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
What is power to arrest?
Section 315 of the Crimes Act 1961
2(a) - if he finds
2(b) - good cause to suspect
Explain passive presence?
Passenger of in a speeding car is the owner of the vehicle.
What is the power to arrest for an preparing to commit an imprisionable offence?
Summary of offences Act 1981 section 39(1)
What is the ingredients for preparing to commit an imprisonable offence?
- Found
- In a public place
- Behaving in a manner from which it can be reasonably inferred
- An imprisionable offence
When you a writing up a Summary of Facts what is the section number that you include for preparing to commit?
s28(2)
Where does my power to arrest for preparing to commit an imprisonable offence come from?
s39(1) Summary of Offences Act 1981
What are the two sections of the Summary of Offences Act 1981 that relate to preparing to commit an imprisonable offence?
s28(2)-Penalty 1st=2000 2nd=3mth/$2000
within 12 months.
s28(3)-Previous convictions of a similar offence submitted as prepencity