SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 1. – Interpretation.

4. ATTEMPTS TO COMMIT OFFENCES.

(1) When a person, intending to commit an offence–

(a) begins to put his intention into execution by means adapted to its fulfilment ; and
(b) manifests his intention by some overt act,
but does not fulfil his intention to such an extent as to commit the offence, he is said to attempt to commit the offence.

(2) It is immaterial, except so far as regards punishment whether–

(a) the offender does all that is necessary on his part for completing the commission of the offence ; or
(b) the complete fulfilment of his intention is prevented by circumstances independent of his will ; or
(c) he desists of his own motion from the further prosecution of his intention.

(3) It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.

(4) The same facts may constitute one offence and an attempt to commit another offence.

SCHEDULE 1 – THE CRIMINAL CODE.

PART V. – OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES, AND AGAINST THE REPUTATION OF INDIVIDUALS.

Division 3. – Homicide: Suicide: Concealment of Birth

313A. GENOCIDE.

A person who–

(a) commits genocide ; or
(b) conspires to commit genocide ; or
(c) incites a person to commit genocide ; or
(d) attempts to commit genocide ; or
(e) takes part in the commission of genocide, is guilty of a crime.

Penalty : Subject to Section 19, imprisonment for life.

SCHEDULE 1 – THE CRIMINAL CODE.

PART VII. – PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES AFTER THE FACT.

Division 1. – Attempts and Preparation to Commit Offences.

509. ATTEMPTS TO COMMIT OFFENCES.

(1) A person who attempts to commit an indictable offence is guilty of an indictable offence, that, unless otherwise stated, is a misdemeanour.

(2) When a person who commits an indictable offence is punishable on summary conviction, a person who attempts to commit such an offence may also be summarily convicted.

510. PUNISHMENT OF ATTEMPTS TO COMMIT CRIMES.

(1) A person who attempts to commit a crime of such a kind that a person convicted of it is liable to the punishment of death or for imprisonment for life or for a term of 14 years or more, with or without any other punishment, is liable, if no other punishment is provided, to imprisonment for seven years.

(2) A person who attempts to commit a crime of any other kind, is liable, if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the crime that he attempted to commit is liable.

SCHEDULE 1 – THE CRIMINAL CODE.

PART VII. – PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES AFTER THE FACT.

Division 1. – Attempts and Preparation to Commit Offences.

513. ATTEMPTS TO PROCURE COMMISSION OF CRIMINAL ACTS.

(1) Subject to Subsection (2), a person who attempts to procure another to do any act or make any omission, whether in Papua New Guinea or elsewhere, of such a nature that, if the act were done or the omission were made in Papua New Guinea an offence would be committed under the laws of Papua New Guinea, or the laws in force in the place where the act or omission is proposed to be done or made, whether by himself or by that other person, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself attempted to do the same act or make the same omission in Papua New Guinea.

(2) Subject to Subsection (3), if the act or omission referred to in Subsection (1) is proposed to be done or made at a place not in Papua New Guinea, the punishment cannot exceed that which he would have incurred under the laws in force where the act or omission was proposed to be done or made, if he had himself attempted to do the proposed act or make the proposed omission.

(3) In a case referred to in Subsection (2), a prosecution shall not be instituted except at the request of the Government of the State having jurisdiction in the place where the act or omission was proposed to be done or made.

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.