Law 12

MUNDY 2008

A person is still considered a danger to society if she/he intends to commit a criminal act, but is caught before committing it

Attempt is a category of crimes in which the accused is found to have gone beyond preparing for a crime in and is found in some act leading to carrying out the crime

Example, if a person is found with a gun in hand heading towards a person and points the gun at the person’s head, a charge of attempted murder can be given

HOWEVER, if that same person is caught earlier with a journal indicating their intent to commit murder with plans detailed, but had not even bought a gun yet, person CANNOT be charged with attempted murder

If actus reus of a crime cannot be proven, courts can ask for charge be changed to attempt

As well, if during attempt trial that actus reus of actual crime can be proven, then courts can change charge during trial

= an agreement between two or more persons to carry out an unlawful action

OR = an agreement between two or more persons to carry out a lawful action by unlawful means

Although charge will be conspiracy (e.g.- conspiracy to commit murder)

Aid means to assist the principal offender in the commission of a crime

Abetting means to encourage

Two points must be proven in this kind of case:

1. accused had knowledge of crime 2. accused aided or abetted

NOTE – being at the scene of the crime is not actus reus proof of aiding or abetting

A person can be charged as well if they assist in planning the offence; although intent to assist in offence to be committed needs to be proven

Counselling someone to commit an offence is also a crime, especially if person is urging and inciting one to do so

Means to help someone escape arrest after committing a crime

Exception to this crime – a spouse is not considered guilty of this offence; however, courts will charge both as co-conspirators usually