Preparing, Attempting And Parties Flashcards

1
Q

What are the elements to preparing to commit and offence?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a category 2, 3 and 4 offence?

A

2 - imprisonable less than 2 years
3 - “ “ for life or by 2 years or more
4 - “ “ for life or 14 years or more

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the elements of attempting to commit an offence?

A

Conspires
With any person
To commit any offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are examples of offences that attempts in themselves? Where the offence of intending need not be used?

A
Attempting to pervert the cause of justice
Attempted sexual violation
Attempted murder
Attempted dishonest using vehicle
Attempted dishonest taking of documents
Attempted arson
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the penalties for someone charged with attempt?

A

Most cases 50% maximum penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When would an attempt be physically or factually impossible? Why are they still treated as a valid offence?

A

In cases that show the intent to commit and offence but there is no actual possibly of it happening due to the circumstances. Eg. reaching into a ladies handbag to steal a purse and finding no purse. Even though it was physically impossible to steal the purse he is still charged with attempted theft.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is meant by the term in proximate? What is the ultimate, penultimate and antepenultimate act?

A

It relates to the questions asked by the court, has the suspect gone beyond the stage of preparation and is already trying to effect the full completion of the offence.
Ultimate - everything had been done to attempt (placed poison in food)
Penultimate - coming close to committing the act (lighting a match, about to light a school on fire)
Antepenultimate - cases of serious intervention, when the intent is foreseen extremely early (removing a revolver from someone’s holster before they go to grab it)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What a conspiracy defined as?

A

A conspiracy is simply and agreement between two or more people to commit an offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the five elements in relation to parties that make them guilty of parties to an offence?

A

Aids - helps, gives actual assistance in the commission of the offence
Abets - encourages or assists
Incites - urges on or stirs up
Counsels - gives advice, instigates or plans
Procures - obtains, acquires or brings about

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does subsection 2 of this offence state?

A

This section relates to the common intention to commit and offence of 2 or more people. It makes each participant criminally liable for any offence committed by any participant, where the offence was a probable consequence of the agreed plan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the offence for parties to a Offences?

A

Any parties convicted suffers the same penalty as if they committed the full offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly