Preparing to Commit An Imprisonable Offence

Question 0

What are the ingredients for Preparing to Commit an Imprisonable Offence?

Answer 0

1. Found
2. In any public place
3. Behaving in a manner from which it can be reasonably inferred that the person is (court my infer the intention if offender)
4. Preparing to commit an imprisonable offences

Question 1

What is an imprisonable offence?

Answer 1

Any imprisonable offence in categories 2,3 or 4

Question 2

What are the penalties for Preparing to Commit an Imprisonable Offence?

Answer 2

1st offence is fine not exceeding $2000

2nd offence or subsequent within 12mths is 3mths imprisonment or fine not exceeding $2000

Question 3

What is the rationale of the offence, Preparing to Commit and Imprisonable Offence?

Answer 3

Section 28 allows police to intervene before it is committed or attempted.

Question 4

What is Power of Arrest for preparing to commit an imprisonable offence?

Answer 4

Section 39(1) Summary of Offences Act 1981

Question 5

Explain the relevance of Section 28(3) regarding previous convictions?

Answer 5

If the offender has previous convictions SIMILAR to the type of offence that they appear to have been preparing to commit..
SUPPORTING EVIDENCE can be presented.