Understanding Understanding Incomplete CrimesIncomplete Crimes

Incomplete CrimesIncomplete CrimesIncomplete crimes are generally considered to be Incomplete crimes are generally considered to be crimes where the actus reus element has not been crimes where the actus reus element has not been completed.completed.

Incomplete crimes generally include:Incomplete crimes generally include:

• conspiracyconspiracy• aidingaiding• abettingabetting• accessory After the factaccessory After the fact

Note: Attempted crimes are Note: Attempted crimes are NOTNOT considered considered incomplete crimes! The mere fact that an attempt incomplete crimes! The mere fact that an attempt fails does not mean the crime lacks actus reus.fails does not mean the crime lacks actus reus.

24.24. (1) Every one who, having an intent to commit (1) Every one who, having an intent to commit an offence, does or omits to do anything for the an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was attempt to commit the offence whether or not it was possible under the circumstances to commit the possible under the circumstances to commit the offence.offence.

Sidebar Sidebar Criminal Attempts Criminal Attempts

24. (2) The question whether an act or omission by 24. (2) The question whether an act or omission by a person who has an intent to commit an offence is a person who has an intent to commit an offence is or is not mere preparation to commit the offence, or is not mere preparation to commit the offence, and too remote to constitute an attempt to commit and too remote to constitute an attempt to commit the offence, is a question of law.the offence, is a question of law.

Question: How far does one have to go to Question: How far does one have to go to be charged with an “attempted” offence?be charged with an “attempted” offence?

Preparation is not enough to constitute an attempt.

Conspiracy:Conspiracy: An agreement between two or more An agreement between two or more persons to commit a criminal act. Those forming persons to commit a criminal act. Those forming the conspiracy are called conspirators. the conspiracy are called conspirators.

ConspiracyConspiracy

Abet:Abet: The act of encouraging or inciting another The act of encouraging or inciting another to do a certain thing, such as a crime. The act to do a certain thing, such as a crime. The act itself may not be criminal (itself may not be criminal (ie. shouting at ie. shouting at someonesomeone), but the mental intent (), but the mental intent (ie. encouraging ie. encouraging someone to commit a crimesomeone to commit a crime) is criminal. ) is criminal.

Aid:Aid: Help commit a crime. To assist by way of an Help commit a crime. To assist by way of an action that, in of itself, is not a crime. (ie. Looking action that, in of itself, is not a crime. (ie. Looking out for police.) Standing on a corner looking at out for police.) Standing on a corner looking at cars coming down the road is not a criminal act, cars coming down the road is not a criminal act, but the mental intent in this circumstance but the mental intent in this circumstance constitutes a criminal offence.constitutes a criminal offence.

Aid / AbetAid / Abet

Accessory After the fact:Accessory After the fact:

23.23. (1) An accessory after the fact to an offence is one (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the who, knowing that a person has been a party to the offence, receives, comforts or assists that person for offence, receives, comforts or assists that person for the purpose of enabling that person to escape.the purpose of enabling that person to escape.

(2) [Repealed, 2000, c. 12, s. 92](2) [Repealed, 2000, c. 12, s. 92]

This used to state: This used to state:

No married person whose spouse has been a party to No married person whose spouse has been a party to an offence is an accessory after the fact to that offence an offence is an accessory after the fact to that offence by receiving, comforting or assisting the spouse for the by receiving, comforting or assisting the spouse for the purpose of enabling that person to escape. purpose of enabling that person to escape.