Flashcards in Preparing, Attempting And Parties Deck (11)
What are the elements to preparing to commit and offence?
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
What is a category 2, 3 and 4 offence?
2 - imprisonable less than 2 years
3 - “ “ for life or by 2 years or more
4 - “ “ for life or 14 years or more
What are the elements of attempting to commit an offence?
With any person
To commit any offence
What are examples of offences that attempts in themselves? Where the offence of intending need not be used?
Attempting to pervert the cause of justice
Attempted sexual violation
Attempted dishonest using vehicle
Attempted dishonest taking of documents
What are the penalties for someone charged with attempt?
Most cases 50% maximum penalty
When would an attempt be physically or factually impossible? Why are they still treated as a valid offence?
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.
What is meant by the term in proximate? What is the ultimate, penultimate and antepenultimate act?
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)
What a conspiracy defined as?
A conspiracy is simply and agreement between two or more people to commit an offence.
What are the five elements in relation to parties that make them guilty of parties to an offence?
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
What does subsection 2 of this offence state?
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