Criminal Law

A.

Attempt (section 18) definition

• try to commit a crime by any means

• even where the crime was not completed because of circumstances beyond their control

Impossibility is not a defense + condition

A person who attempts to commit a crime by any means shall not be acquitted by reason of:

• Any imperfection or other condition of the means.

• Any circumstances under which they are used (method chosen not successful)

• Any circumstances affecting the person against whom or the thing in respect of which the crime is intended to be committed.

• The absence of such person or thing.

• (Condition: the crime could not be committed according to his intent)

Attempt (section 18 (2)) - Attempt in the First Degree rule + punishment

Rule:

• Attempts to commit a crime

• The attempt fails by reason of accident, circumstances, or events independent of his will

Punishable in the same manner as if the crime had been completed (except as in this Code otherwise expressly provided).

Attempt (3) - Other Attempts

Where an attempt is not an attempt in the first degree

• The offender remains liable to any kind of punishment that could be imposed for the completed offense. (usually same sentencing framework)

• The court shall mitigate the punishment according to the circumstances of the case

Attempt cont (4) & (5) - additional rules

(4) Where conduct amounts to:

• a complete crime

• and an attempt to commit another crime

The offender may be convicted and punished under either provision

(5) Any provision of this Code regarding:

• intent

• exemption

• justification

• extenuation (of circumstances)

or any other matter in the case of any act shall apply to attempts with necessary modifications

Attempt cont (6) - Punishable

A person who attempts a crime is punishable:

• on indictment or

• summary conviction

according to how the completed offence would ordinarily be tried.

Preparation for a Crime (sect 19) - Core action + Purpose + Consequences

• Core Action:

  • Every person who prepares,

  • supplies, or

  • has in his possession, custody, or control

  • (or in the possession of another on his behalf)

  
  

any instruments, materials, or means.

• Purpose: With a purpose that they may be used in committing:

  • Any crime by which life is likely to be endangered.

  • Any forgery.

  • Any crime relating to coin.

  • Any felony punishable with imprisonment for ten years or upwards.

• Consequences:

  • liable to punishment as if he had attempted to commit that crime, and instruments/materials shall be forfeited.

Circumstances Covered by Preparation for a Crime

The preparation must relate to

• Crimes likely to endanger life

• forgery

• coin-related offenses

• any felony punishable by ten years imprisonment or more

Distinction between preparation and attempt

Preparation → getting ready to commit the crime

Attempt → Starting to commit a crime

Abetment (sec 20) - definition

A person abets a crime if they directly or indirectly

• instigate

• command

• counsel

• procure

• solicit

or in any manner purposely

• aid

• facilitate

• encourage

• promote

the commission of a crime, whether by his

• acts

• presence

• or any other means

Abetment (b) = acts done to assist a crime

A person also commits abetment where they do any act for the purpose of:

• aiding

• facilitating

• encouraging

• promoting

the commission of a crime by another person, whether that person is:

• known or unknown

• certain or uncertain

Abetment (sec 20 (2)) - Where the crime is actually committed

If the crime is committed during or because of the abetment:

• The abettor is deemed guilty of that crime

The abettor's liability becomes the same as that of the principal offender.

Abetment (sec 20 (3)(a) (b)) - When the crime is not committed

(a) If the crime is prevented only because of:

• accident

• circumstances/events beyond the abettor’s control

then:

If the crime abetted was murder

• liable to imprisonment for life'

If the crime abetted was another offence

• punished as though the offence had been committed

(b) In other cases:

• abetting a felony = guilty of a felony

• abetting a misdemeanor = guilty of a misdemeanor

Abetment (sect 20 (4)) Procedure and Trial

(4) An abettor may be punished:

• on indictment or

• on summary conviction

according to how the offence is punishable

(5) An abettor may be tried:

• before

• with or

• after

the person abetted

Applies even if the principal offender:

• is dead or

• cannot be brought before the courts (not amenable to justice)

Abetment (sec 20(6)(7)(8) - Additional rules: tried + benefit + outside

(6) An abettor may be tried:

• before, with, or after another abettor

• whether they assisted (abetted) each other or not

• whether they assisted (abetted) the same or different parts of the offence

(7) An abettor may receive the benefit of any:

• exemption

• justification

• extenuation (of circumstance)

to which he is entitled, notwithstanding that the principal or other abettor is not entitled to it.

(8) A person who abets conduct outside the jurisdiction that would be a crime if committed inside the jurisdiction is punishable as if he had abetted that crime locally.