'Attempt' in document 'Bahamas - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL

TITLE ii
GENERAL AND SPECIAL RULES OF CRIMINAL LAW

14. Provisions relating to causing an event.

(6) A person shall not, by reason of anything in this section, be relieved from any liability in respect of an attempt to cause an event; and a person shall not, by reason of anything in this section, be relieved from any liability in respect of negligent conduct, if such negligent conduct is punishable under this Code irrespectively of whether it actually causes any event .

BOOK I
GENERAL PROVISIONS

TITLE iv
ATTEMPTS TO COMMIT OFFENCES

83. Provisions relating to attempt to commit offences.

(1) A person who attempts to commit an offence by any means shall not be acquitted on the ground that, by reason of the imperfection or other condition of the means, or by reason of the circumstances under which they are used, or by reason of any circumstances affecting the person against whom, or the thing in respect of which, the offence is intended to be committed, or by reason of the absence of such person or thing, the offence could not be committed according to his intent.

(2) Whoever attempts to commit an offence shall, if the attempt is frustrated by reason only of accident or of circumstances or events independent of his will, be deemed guilty of an attempt in the first degree, and shall, except as in this Code otherwise expressly provided, be punishable in the same manner as if the offence had been completed.

(3) Whoever is guilty of an attempt other than an attempt in the first degree, shall, except as in this Code otherwise expressly provided, be liable to any kind of punishment to which he would have been liable if the offence had been completed; but the court shall mitigate the punishment according to the circumstances of the case.

(4) Where any act amounts to a complete offence, as defined by any provisions of this Code, and is also an attempt to commit some other crime, a person who is guilty of it shall be liable to be convicted and punished either under such provision or under this section.

(5) Any provision of this Code with respect to intent, exemption, justification or extenuation, or any other matter in the case of any act, shall apply with the necessary modifications, to the case of an attempt to do that act.

(6) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit, is a question of law .

BOOK I
GENERAL PROVISIONS

TITLE iv
ATTEMPTS TO COMMIT OFFENCES

84. Case of full offence charged, attempt proved.

Where the complete commission of the offence Case of full charged is not proved, but the evidence establishes an attempt to commit the offence, the accused may be convicted of this attempt, and punished accordingly:
Provided that after a conviction for the attempt, the person so convicted shall not be liable to be tried again for the offence which he was charged with committing.

85. Case of attempt charged, full offence proved.

Where an attempt to commit an offence is charged but the evidence establishes the commission of the full offence, the accused shall not be entitled to be discharged, but he may be convicted of the attempt, and punished accordingly:
Provided that after a conviction for the attempt, the accused shall not be liable to be tried again for the offence which he was charged with attempting to commit .

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.