'Attempt' in document 'Samoa- Crimes Act 2013'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V
PARTIES TO THE COMMISSION OF OFFENCES

39. Attempt to commit or procure commission of offence-

(1) A person who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this Act or by some other enactment is liable to imprisonment for a term not exceeding 10 years if the maximum penalty for that offence is imprisonment for life, and in any other case is liable to not more than half the maximum penalty to which he or she would have been liable if he or she had committed that offence.

(2) Everyone who is accessory after the fact to any crime punishable by imprisonment, being a crime in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding five (5) years if such maximum penalty is imprisonment for 10 years or more; and in any other case is liable to not more than half the maximum punishment to which he or she would have been liable if he or she had committed the crime.

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.