44Attempt

44 Attempt (1) If a person attempts to commit an offence, the person commits the offence of attempting to commit that offence. (2) However, a person commits the offence of attempting to commit an offence only if the person carries out conduct that is more than merely preparatory to the commission of the offence attempted. (3) The question whether conduct is more than merely preparatory is a question of fact. (4) A person may be found guilty of attempting to commit an offence even though— (a) it was impossible to commit the offence attempted; or (b) the person committed the offence attempted. (5) For the offence of attempting to commit an offence, intention and knowledge are fault elements for each physical element of the offence attempted. Note Only 1 of the fault elements of intention or knowledge needs to be established for each physical element of the offence attempted (see s 12 (Establishing guilt of offences)). (6) However, any special liability provisions that apply to an offence apply also to the offence of attempting to commit the offence. (7) Any defence, procedure, limitation or qualifying provision applying to an offence applies to the offence of attempting to commit the (8) If a person is found guilty of attempting to commit an offence, the person cannot later be charged with committing the offence.

(9) The offence of attempting to commit an offence is punishable as if the offence attempted had been committed. (10) This section does not apply to an offence against section 45 or section 48 (Conspiracy).