Preparing to commit and attempting to commit an offence Flashcards
Preparing to commit an imprisonable offence
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.
Preparing to commit: rationale
Allows police to intervene before an imprisonable offence is committed.
Previous convictions- previous convictions which are similar to the one they were preparing to commit can be presented in court as supporting evidence.
Conspiracy
Conspires…
With any person..
To commit any offence
Conspiracy is an agreement between 2 or more people to commit an offence.
Proving conspiracy
Admission from offender
Electronic surveillance eg. Bugs in houses/ cars
Under cover officers
Attempts must prove…
You must prove the identity..
Intent (mens rea)
Action (actus reus)
Proximate
Proximate
The ultimate act= offence completed
Penultimate= 1step removed from the offence
Ante penultimate= 2steps removed from the offence.
Must argue the act being proximate.
Attempts penalty
A general rule of half the offence imprisonment time.
Except: life imprisonment = 10 years.
Parties to an offence: penalty
Anyone convicted of being a party to an offence suffers the same penalty as if they committed the actual offence.
Differences between section 66(1) and 66(2)
66(1)- deals with offences that were actually intended.
66(2)- deals with offences that we’re not actually intended.
Section 66(1) party to
A) actually commits the offence
B) does or omits an act to aid any person to commit the offence.
C) abets any person to commission the offence or..
D) incites, counsels or procures a person to commit an offence.
Section 66(1) applicable to..
Is applicable to one offence only.
Section 66(2)
Each person is a party to every offence committed by anyone of them where the were working towards a common purpose.
If the commission of the offence was known to be a probable consequence of their common purpose.
