Please be ready with your application reference number starting with 'P'. For example P1234567
It is an offence under general NT laws for a person to plan, intimate, procure or attempt to commit a crime per the law. It becomes a serious offence, especially when the offence committed is an indictable offence in the NT (attracting severe punishments) under the law.
Division 4 and Section 43BF of the Criminal Code Act 1983 (NT) describes certain conditions that make a person guilty of an attempted offence.
If an individual is convicted in a Northern Territory court for an attempted offence, the offence will show up as a disclosable court outcome (DCO) on a Nationally Coordinated Criminal History Check in the NT.
Section 43BF of the Criminal Code Act 1983 (NT) stipulates an attempted offence to be committed where a person accused cannot provide contrary evidence or argument as to the Attempted offence.
As per section 43BF of the Act, a person must be more than preparatory to commit the offence as shown in the evidence for them to be guilty of an attempted crime. And this can only be proven by facts and evidence.
It is not satisfactory that the accuser cannot describe a logical and clear case where the accused person is prepared to commit the act. For example, it may not be enough to the court that the accuser only heard from a third party (word of mouth) that the accused would commit the offence.
When the court is accessing the conditions or requirements of an attempted offence, intention or knowledge are the most important elements it considers concerning the nature of the attempted offence.
The Criminal Code Act 1983 (NT) makes it possible for the court to fault a person for attempt offences even when;
However, a person can only be charged once regarding an attempt or actual offence. The Act does not allow a person to be dually charged for attempting the crime and Committing the completed offence.
The Criminal Code allows the similarity in handling the procedures, defences, and limitations of Attempt and Actual offences. A person may use the same line of defence, court procedures, and relevant circumstances for either of the crimes in any scenario.
The Criminal Code Act 1983 (NT) also permits any special cases, permissions, implements and further provisions that apply to an offence to also work for the attempting to commit that offence.
Also, there are special cases where it is not an offence to attempt offences.
Section 43BG of the Act stipulates a person to be guilty if they aid, abet, counsel, encourage or reasonably influence another person to commit a crime. The section finds the person equally guilty of an attempt offence under the law and attracts the punishments available.
Section 43BG finds a person guilty of conduct if they in any form aided, abetted, counselled, or practically instigated the commission of an offence from that person. And where the offence is duly committed by another person irrespective of their age or status.
A person is also guilty of offences under this section if they intend that;
However, a person is not guilty of aiding, abetting, counselling or any other offence under this section if before such crime was committed, they;
The Act can still find a person guilty of such offence even if the person they procured to commit the crime has not yet been prosecuted.
Section 43BGA of the Criminal Code Act 1983 (NT) also finds a person to be guilty of committing an offence if they at any point;
Enter into any form of agreement with at least another person regarding commission of the offence.
There was any form of agreement regarding the outcome, possessions, loot from such act;
A person can be guilty of incitement offences if they, through any of the conditions listed in section 43BI, incite a person to commit a crime. Subsection two of this section means that the person intended for the offence to be committed through another person.
A person can still be guilty of the offence of incitement even if it were impossible to commit the crime at the time.
If the offence incurs life imprisonment, the person who incites another person will incur punishments up to 10 years imprisonment. However, if it is punishable by imprisonment reaching 14 years or more, but not by life, the person will incur punishments reaching seven years imprisonment.
If the punishment is ten years or more, it will incur punishments up to 5 years imprisonment. For offences punishable by three years, lesser punishments or penalty units apply.
A person guilty of the general act of Attempt to commit an offence (especially if an indictable) is liable to 7 years imprisonment (s 278 of the Criminal Code Act 1983 (NT)) if;
However, where no punishment is stipulated and the crime is indictable, the penalty will be the same as half the maximum punishments for which an original found guilty will be liable.
It is a serious violation for a person to "prepare" to commit a crime through knowingly;
Such a person is liable to imprisonment reaching five years.
A person guilty of conspiring with another person to commit a conspiracy offence is guilty of a crime with imprisonment of 7 years. And if the original offence attracts a seven years penalty, the conspiracy offence will be lesser.
However, the punishment is one year for summary offences.
Penalties for Conspiracy offences also include;
If an individual is found guilty of an attempted offence in the NT, the offence will show up as a disclosable court outcome (DCO) on the results of their police record check.
Individuals can obtain an Australian police check via the Australian National Character Check - ANCC® website.
Criminal Code Act 1983 (NSW) - https://legislation.nt.gov.au/en/Legislation/CRIMINAL-CODE-ACT-1983
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