Understanding Incomplete Crimes

Incomplete Crimes Incomplete crimes are generally considered to be crimes where the actus reus element has not been completed. Incomplete crimes generally include: conspiracy conspiracy aiding aiding abetting abetting accessory After the fact accessory After the fact Note: Attempted crimes are NOT considered incomplete crimes! The mere fact that an attempt fails does not mean the crime lacks actus reus.

24. (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence. Sidebar  Criminal Attempts 24. (2) The question whether an act or omission by a person who has an intent to commit an offence is or is not mere preparation to commit the offence, and too remote to constitute an attempt to commit the offence, is a question of law. Question: How far does one have to go to be charged with an “attempted” offence? Preparation is not enough to constitute an attempt.

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

Abet: The act of encouraging or inciting another to do a certain thing, such as a crime. The act itself may not be criminal (ie. shouting at someone), but the mental intent (ie. encouraging someone to commit a crime) is criminal. Aid: Help commit a crime. To assist by way of an action that, in of itself, is not a crime. (ie. Looking out for police.) Standing on a corner looking at cars coming down the road is not a criminal act, but the mental intent in this circumstance constitutes a criminal offence. Aid / Abet

Accessory After the fact: 23. (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape. (2) [Repealed, 2000, c. 12, s. 92] This used to state: No married person whose spouse has been a party to an offence is an accessory after the fact to that offence by receiving, comforting or assisting the spouse for the purpose of enabling that person to escape.