Last updated 25 August 2016
When a person tries to commit an offence but does not complete it, they may be charged with attempting to commit that offence. Before a person can be guilty of attempting to commit an offence, the prosecution must prove that they:
- intended to commit the offence
- commenced executing that intention into action and
- performed some overt act by which that intention was manifested (s 4 Criminal Code Act 1899 (Qld) (Criminal Code)).
In most cases, the maximum punishment for an attempt to commit an offence is half of the maximum punishment for actually committing the offence (ss 536–538 Criminal Code).