Prep and Atempts

Question 1

What are the elements of preparing to commit an imprisonable offence?

Answer 1

Found
In any place
Behaving in a manner from which it can be reasonably inferred that the person is
Preparing to commit an imprisonable offence

Question 2

What does reasonably inferred mean?

Answer 2

Reasonably assumed of the persons intentions

Question 3

When is it factually or physically impossible to commit an offence

Answer 3

A person may go through the planning and preparation stage, however, what whatever reason is unable to complete the task. Eg trying to rob a piece of art work. They may set up to do it but can’t physically do it as the art work was moved

Question 4

What are the three conditions that have to be met to Gain an attempts conviction

Answer 4

Actus reus- a physical act of preparation
Men’s rea - intent
Proximity- physically close to the address

Question 5

What does section 72 and 311 of the crimes act show in court?

Answer 5

That the offence was attempted and therefore the penalty should be attempted which has half the penalty of the full crime

Question 6

What is 66(1) of the crimes act?

Answer 6

Everyone who has been involved with planning to commit a crime and has some involvement is treated equally as guilty

Question 7

What is 66(2) of the crimes act?

Answer 7

Everyone who has been involved with planning to commit a crime and has some involvement is treated equally as guilty. However, if something happens, eg violence that was not part of the initial plan, then that person alone will get the extra punishment