Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/19

Criminal CodeNo 12, 1995 SCHEDULE—continued PART 2.4—EXTENSIONS OF CRIMINAL RESPONSIBILITY Division 11 Attempt

11.1(1) A person who attempts to commit an offence is guilty of the offence of attempting to commit that offence and is punishable as if the offence attempted had been committed.

(2) For the person to be guilty, the person’s conduct must be more than merely preparatory to the commission of the offence. The question whether conduct is more than merely preparatory to the commission of the offence is one of fact.

(3) For the offence of attempting to commit an offence, intention and knowledge are fault elements in relation to each physical element of the offence attempted.

Note: Under section 3.2, only one of the fault elements of intention or knowledge would need to be established in respect of each physical element of the offence attempted.

(4) A person may be found guilty even if:
 * (a) committing the offence attempted is impossible; or
 * (b) the person actually committed the offence attempted.

(5) A person who is found guilty of attempting to commit an offence cannot be subsequently charged with the completed offence.

(6) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of attempting to commit that offence.

(7) It is not an offence to attempt to commit an offence against section 11.2 (complicity and common purpose) or section 11.5 (conspiracy).

Complicity and common purpose

11.2(1) A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

(2) For the person to be guilty:
 * (a) the person’s conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person; and
 * (b) the offence must have been committed by the other person.

(3) For the person to be guilty, the person must have intended that:
 * (a) his or her conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed; or