Attempted Offences and Conspiracy

In Queensland, it is an offence to attempt to commit a crime, as outlined in section 4 of the Criminal Code.  An attempt to commit a crime is characterised by the legislation as where a person intending to commit an offence begins to execute that intention by performing some overt act, however does not fulfil the intention to such an extent as to commit the offence.  Regardless of whether the offender’s actions are carried out in their entirety does not matter.  Even if the offender changes their mind part way through the act, the person can still be charged with an attempt to commit.  Sentences for such charges can vary greatly.  Where someone attempts to commit an indictable offence punishable by mandatory life imprisonment, they are liable to life imprisonment.  If the attempted offence committed is not subject to a mandatory life sentence, they’re liable for up to 14 years’ imprisonment.  Section 538 provides that if it can be proven that the offender, of his own free will, desisted from carrying out their intention to fulfilment, the maximum sentence is halved.