Rnzpc 297 - Parties, Prepares And Attempts

Front 1

List the ingredients of preparing to commit an imprisonable offence.

Back 1

Found

In any public place

Behaving in a manner from which it canbe reasonably inferred that theperson is

Preparing to commit an imprisonableoffence

Front 2

What categories are considered to be imprisonable offenses?

Back 2

Imprisonable offence means any imprisonable offence in category 2, 3 or 4.

Front 3

What is the penalty for Preparing to commit an imprisonable offense?

Back 3

The penalty for this offence is in section 28(2).

• For a first offence, it is a fine not exceeding $2,000.

• For a second or subsequent offence within 12 months, it is three months’imprisonment or a fine not exceeding $2,000.

Front 4

For Preparing to commit an offense, what section gives us the power to arrest?

Back 4

You can arrest without warrant under section 39(1) of the Summary OffencesAct 1981.

Front 5

What does Section 28(3) of the summary offenses act state about prior convictions of the same nature?

Back 5

Section 28(3) of the Summary Offences Act 1981 states the following:

If the offender has previous convictions similar to the type of offence thatthey appear to have been preparing to commit, these convictions can bepresented to the court as supporting evidence of the behaviour exhibitedby the offender.

This is a statutory exception to the rule that the prosecution cannot presentevidence of the defendant’s bad character or previous criminal convictions.

Front 6

Where is the only place someone can be caught 'Preparing to Commit' an offense?

Back 6

In any public place.

Front 7

Attempts

What are the ingredients contained in section 72(1) that create the offenceof attempting to commit an offence?

Back 7

• Intended to commit an offence, and

• Did, or omitted to do, something to achieve that end.

In each case of attempt, you must prove the identity of the suspect and thatthey:

Front 8

What are the penalties for someone charged with an attempt?

Back 8

Penalties

The penalties for attempts are found in section 311.

For an offence with a penalty of life imprisonment, theattempt penalty is 10 years.

For all other offences, the attempt penalty is half thepenalty for the completed offence.

Front 9

When would an attempt be physically or factually impossible? Whywould the offence of attempting to commit the offence still be valid?

Back 9

An example of this would be someone trying to steal a wallet from a bag.

They reach into the bag and realise there is no wallet in there.

They leave the bag alone.

This still consitutes an offense because the Mens Rea was there.

Attempted theft.

Front 10

What do sections 72(1) and 311(1) tell the court when they are added tothe charge?

Back 10

The below sections are added to the charge sheet of the offense they were trying to complete.

Section 72(1) shows that it is an attempt.

Section 311(1) refers to the attempt penalty provisions.

Front 11

What are the three requirements for a charge of Attempts?

Back 11

• intent (mens rea)

• act (actus reus)

• proximate.

Front 12

What does Ultimate, Penaultimate and Antepenultimate mean and why are these terms used for Attempts?

Back 12

They describe actions or sequence of events leading up to the completion of the offense.

Example: Murder via shooting.

Antepenultimate - Getting the gun out of the pocket.

Penultimate - Pointing the gun at the person.

Ultimate - Pull the trigger.

Front 13

Parties To

Define the four elements contained in Section 66(1) that make a person aparty to an offence.

Back 13

Section 66(1)

Everyone is a party to, and guilty of, an offence who:

a) actually commits the offence, or

b) does or omits an act to aid any person to commit the offence, or

c) abets any person in the commission of the offence, or

d) incites, counsels or procures a person to commit the offence

Front 14

Outline the ingredients of Section 66(2) as they relate to criminalresponsibility of parties to an offence.

Back 14

Where two or more persons form a common intention to prosecute anyunlawful purpose and to assist each other therein:

• each of them is a party to every offence committed by any one of them inthe prosecution of the common purpose,

• if the commission of the offence was known to be a probableconsequence of the prosecution of the common purpose.

Therefore, if the offense was committed by one of the parties, and the other had not foreseen it or agreed to it, they cannot be held liable for it.

Front 15

Outline what you must include in the wording when charging someone asa party to an offence.

Back 15

Add “and section 66(1)” to the end of the actual offence.

Example: “Crimes Act 1961, section 241 and section66(1)”

At the end of the actual charge, add the appropriatewording to cover what role the offender had in the actualoffence.

Example: “in that s/he (aided) the commissionof the said offence”

Section 66(2) wording is exactly the same as the actualoffence.

Front 16

What is the penalty for being party to an offense?

Back 16

Anyone convicted of being a party to an offence suffers thesame penalty as if they committed the actual offence.