1. Law 12 MUNDY 2008

2.  A person is still considered a danger to society if she/he intends to commit a criminal act, but is caught before committing it  Attempt is a category of crimes in which the accused is found to have gone beyond preparing for a crime in and is found in some act leading to carrying out the crime

3.  Example, if a person is found with a gun in hand heading towards a person and points the gun at the person’s head, a charge of attempted murder can be given  HOWEVER, if that same person is caught earlier with a journal indicating their intent to commit murder with plans detailed, but had not even bought a gun yet, person CANNOT be charged with attempted murder

4.  If actus reus of a crime cannot be proven, courts can ask for charge be changed to attempt  As well, if during attempt trial that actus reus of actual crime can be proven, then courts can change charge during trial

5.  = an agreement between two or more persons to carry out an unlawful action  OR = an agreement between two or more persons to carry out a lawful action by unlawful means  Although charge will be conspiracy (e.g.- conspiracy to commit murder)

6.  Aid means to assist the principal offender in the commission of a crime  Abetting means to encourage

7.  Two points must be proven in this kind of case:  1. accused had knowledge of crime  2. accused aided or abetted  NOTE – being at the scene of the crime is not actus reus proof of aiding or abetting

8.  A person can be charged as well if they assist in planning the offence; although intent to assist in offence to be committed needs to be proven  Counselling someone to commit an offence is also a crime, especially if person is urging and inciting one to do so

9.  Means to help someone escape arrest after committing a crime  Exception to this crime – a spouse is not considered guilty of this offence; however, courts will charge both as co-conspirators usually