South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 270A

270A—Attempts

        (1)         Subject to subsection (2), a person who attempts to commit an offence (whether the offence is constituted by statute or common law) shall be guilty of the offence of attempting to commit that offence.

        (2)         Where under a provision of any other Act, or any other provision of this Act, an attempt is constituted as an offence, this section—

            (a)         does not apply in relation to that offence; and

            (b)         does not operate to create a further or alternative offence with which a person who commits the former offence might be charged.

        (3)         The penalty for an attempt to which this section applies shall be as follows:

            (a)         in the case of attempted murder or attempted treason, the penalty shall be life imprisonment or imprisonment for some lesser term;

            (b)         where the penalty or maximum penalty for the principal offence (not being treason or murder) is life imprisonment, the penalty for the attempt shall be imprisonment for a term not exceeding twelve years;

            (c)         in any other case, the penalty for the attempt shall be a penalty not exceeding a maximum of two-thirds of the maximum penalty prescribed for the principal offence.

        (4)         Where the principal offence is an indictable offence, an attempt to commit that offence shall also be an indictable offence; where the principal offence is a minor indictable offence, an attempt to commit that offence shall also be a minor indictable offence; and where the principal offence is a summary offence, an attempt to commit that offence shall also be a summary offence.