Parties to /attempts

Question 1

Crimes act 1961
Section 66 (1)

Answer 1

Assisting - party to an offence.

Offence intended

Question 2

Crimes act 1961
Section 66 (2)

Answer 2

Two or more people with a common intention (agree to do whatever possible to achieve their goal) are guilty of any offence committed by the other as long as it was a likely possibility.
(Offence not intended but likely)

Question 3

What is the penalty for someone who is party to an offence?

Answer 3

Same penalty as actually committing the offence.

Question 4

Where does the power of arrest come from?

Answer 4

Section 315 Crimes act 1961

Question 5

Assisting someone includes…

Answer 5

• aiding
• Encouraging
• Inciting
• Counseling
• Procuring

Question 6

Section 66(1) is only applicable to…

Answer 6

One offence only. Each offence will need to be considered individually.

Question 7

Case law: Ashton vs Police

Answer 7

Party to dangerous driving by saying nothing

Question 8

Case Law: R v Russell

Answer 8

Party to ill treatment by other parent by saying nothing.

Question 9

Case Law: Queen V Ram

Answer 9

Women guilty of rape by assisting - holding the women down.

Question 10

Case law: Brennan v The King

Answer 10

Not guilty of murder at jewellers when the caretaker killed as it was not discussed or agreed prior.

Question 11

Define attempt

Answer 11

Intended to commit an offence and did or omitted to do something to achieve that offence. (Attempt)

Question 12

3 things we must be able to prove for an attempt

Answer 12

Mens Rea (intent)
Actus reus (an act)
Proximity (towards achieving the offence)

Question 13

Ante penultimate act

Answer 13

Sometimes close enough (e.g pulls gun from pocket with intent to kill)

Question 14

Penultimate act

Answer 14

Usually proximate enough

e.g aims gun with intent to kill

Question 15

Ultimate act

Answer 15

Necessary to effect the offence. Always proximate.

e.g fires gun and kills.

Question 16

Can people be convicted of offences that were factually or physically possible to commit? What is the sentence?
What’s an example?

Answer 16

Yes.
As it is an attempt, it is half the sentence.
Trying to steal a purse out of a handbag but there is no purse in there.

Question 17

What are the steps of an offence

Answer 17

1. Intention
2. Conspiring
3. Preparation
4. Action
5. Ante-penultimate act
6. Penultimate act
7. Ultimate act