Section 18 - Attempt to commit a criminal offence

(1) A person who attempts to commit a criminal offence shall not be acquitted on the ground that the criminal offence could not be committed according to the intent

(a) by reason of the imperfection or other condition of the means, or

(b) by reason of the circumstances under which they are used, or

(c) by reason of the circumstances affecting the person against whom, or the thing in respect of which the criminal offence is intended to be committed, or

(d) by reason of the absence of that person or thing.

(2) A person who attempts to commit a criminal offence commits a criminal offence, and except as otherwise provided in this Act, is liable to be convicted and punished as if the criminal offence has been completed.

(3) Where an act amounts to a complete criminal offence, as defined by a provision of this Act, and is also an attempt to commit any other criminal offence, a person who does the act commits a criminal offence and is liable to be convicted and punished under either provision or under this section.

(4) A provision in this Act with respect to intent, exemption, justification, or extenuation, or any other matter in the case of an act, shall apply with the necessary modifications to the case of an attempt to do that act.

Illustrations

Subsection (1)

1. A buys poison and brings it into B’s room, intending there to mix it with B’s drink. A has not attempted to poison B. But if A begins to mix it with B’s drink, though A afterwards desists and throws away the mixture, A commits of an attempt.

2. A points a gun, believing it to be loaded, and meaning immediately to discharge it at B. A has committed the criminal offence of an attempt, although the gun is not in fact loaded.

3. A puts A’s hand into B’s pocket, with the purpose of stealing. A has committed the criminal offence of an attempt, although there is nothing in the pocket.

4. A performs an operation on B with a view to causing abortion. A has committed the criminal offence of an attempt, although B is not in fact with child.