Crimes Act 1914

S 7 repealed by No 24 of 2001, s 3 and Sch 51, effective 15 December 2001. S 7 formerly read:

Attempt

(1)
Any person who attempts to commit any offence against any law of the Commonwealth, whether passed before or after the commencement of this Act, shall be guilty of an offence and shall be punishable as if the attempted offence 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)
A person may be found guilty even if:

(a) committing the attempted offence is impossible; or

(b) the person actually committed the attempted offence.

(4)
A person who is found guilty of attempting to commit an offence cannot be subsequently charged with the completed offence.

(5)
Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of attempting to commit that offence.

(6)
It is not an offence to attempt to commit an offence against section 5 or 86.