TASIn ForceAct
Justices Act 1959
74Attempts
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### 74 Attempts
> > (1) Where, upon the hearing of a complaint for a simple offence, the complete commission of the offence charged is not proved but the evidence establishes that the defendant attempted to commit that offence, he may be convicted of such an attempt.
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> > (2) An attempt to commit a simple offence is an act or omission done or made with intent to commit that offence, and forming part of a series of events which if it were not interrupted would constitute the actual commission of the offence.
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> > (3) The offence of attempting to commit a simple offence may be committed, although the offender voluntarily desists from the actual commission of the simple offence itself, and whether under the circumstances it was possible to commit that simple offence or not.
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> > (4) The point at which a series of events as mentioned in [subsection (2)](#GS74@Gs2@EN) begins depends upon the circumstances of each particular case.
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> > (5) Whether an act or omission is, or is not, too remote to constitute an attempt to commit a simple offence is a question of law.
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> > (6) *\[Section 74 Subsection (6) added by No. 115 of 1986, s. 9 \]*Where, upon the hearing of a complaint for an attempt to commit a simple offence, the evidence establishes that the defendant has completed the commission of the simple offence, he may be convicted of the simple offence.
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> > (7) *\[Section 74 Subsection (7) added by No. 115 of 1986, s. 9 \]*Where a person has been convicted of an attempt to commit a simple offence, he is not liable to be tried for the simple offence of which he was so convicted of having attempted to commit.