Division 11

An attempt to commit an offence is punishable to the same extent as the principal offence. Neither success nor impossibility of success is a barrier to conviction for attempt.

Liability as an accomplice is derivative in the sense that it depends on proof that another person or persons combined with the defendant to commit the offence.

The principle of innocent agency permits conviction of an offender who  uses another as their instrument to commit an offence.

Incitement, like attempt and conspiracy, is a separate and distinct offence from the offence which is the subject of incitement. Attempt, incitement and conspiracy can overlap in their applications to criminal conduct.

Conspiracy, like incitement and attempt is an offence distinct from the principal offence which is the subject of the conspiracy. Unlike incitement and attempt, liability for conspiracy requires proof that the intention was shared, by at least one other person.

The provision is essentially one of drafting convenience.