Please be ready with your application reference number starting with 'P'. For example P1234567
There is a whole category/description for offences convicted by "intention" or attempts. Section 4 of the Criminal Code Act 1899 (Qld) gives details about offences of "Attempting" to commit a crime.
For this section, it is immaterial that the person could not carry out the act due to another circumstance. It is regarded as an offence as long as the prosecution can prove that the accused person intended to commit the act and was reasonably familiar with all the aids, instruments or materials.
If an individual is convicted in a Queensland court for an attempted offence, the offence will show up as a disclosable court outcome (DCO) on a Nationally Coordinated Criminal History Check in Queensland.
Following section 4 of the Criminal Code Act 1899 (Qld), a person is guilty of an "Attempt" to commit an offence where;
For an Attempted offence proceeding, it is immaterial to the court that;
An example is where a person is charged for an "attempted burglary offence by destroying the doors of a house". It would be irrelevant to the case even if that door would not access the property. The person will still be culpable of the offence if the evidence suggests they committed any illegal actions.
It is also possible that the same conditions that constitute an "Attempt" offence may be enough to constitute the actual offence.
Chapter 55 of the Criminal Code Act 1899 (Qld) also describes other conditions that make a person culpable of an attempted offence under Queensland criminal laws. Section 535 of the Criminal Code Act 1899 (Qld) gives two conditions in this regard to be;
The penalties for Attempting to commit offences can be fixed, flexible or depending on the jury’s consideration of circumstances around the offence. Punishments for attempts of “indictable offences in Queensland” are usually fixed to the actual commission of the offences.
Section 536 of the Criminal Code Act 1899 (Qld) stipulates the punishments for an “Attempt” offence to be life imprisonment, especially where
Crimes punishable by up to life imprisonment (but not mandatory)
However, if the actual crime is liable to Life imprisonment, but not required;
Indictable offence and no other punishment is stated
If the person is guilty of any other indictable crime, and no other punishments are provided; subsection 3 stipulates a penalty that is;
For this section, mandatory life imprisonment cannot be mitigated or negotiated under this Act or law.
Section 538 of the Criminal Code Act 1899 (Qld) describes and permits a case where half the stipulated form can reduce an offender's punishments. Some of the conditions include;
For example, A person repented of breaking into a building for a reason other than seeing a possible obstruction to their original plan.
And if the stipulated punishment for the "Attempt" offence is a life imprisonment term, the person is liable to 14 years imprisonment.
Section 539 of the Criminal Code Act 1899 (Qld) finds a person guilty of this offence if they;
It also includes where the person influenced another person consistent with section 4 of the Code as listed above.
A person found guilty of this offence will incur penalties as if they "Attempted to commit the crime. It means the court is free to sentence the person following the description listed above or under section 536 of the Criminal Code Act 1899 (Qld).
It is an offence under section 540 of the Criminal Code Act 1899 (Qld) that a person not only intends to commit an offence but prepares all the conditions necessary for the crime to happen. It includes where the person was in possession of a weapon or other objects that serve as a weapon or an explosive that could injure a person or give illegitimate access to an area/property.
It includes where the offender possessed the material to either commit an offence or procure another to commit the crime.
It is an offence under Chapter 56 of the Criminal Code Act 1899 (Qld) for a person to;
Any party/conspirators found guilty of the offence are liable to 7 years imprisonment where no other penalty is stipulated. However, the punishments will be lesser if the Actual offence they conspired to commit carries a sentence of less than seven years imprisonment.
Generally, the offences of conspiracy cannot be instituted without the consent of an Attorney-General.
A person who conspires with another to commit any other offences under the law (less than an indictable offence) is guilty of punishments reaching three years imprisonment (s542 of the Act).
The Act also describes special conspiratorial actions if a person agrees with another to;
Section 543 of the Criminal Code Act 1899 (Qld) stipulates penalties of up to 3 years imprisonment for any of these offences or similar conspiracy offences.
If an individual is found guilty of an attempted offence in the state of Queensland, 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 1899 (Qld) - https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009
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