Can I be charged with a crime for planning to commit an offence, even if I don't actually do it?

In Plain English

Yes, under certain circumstances, you can be charged with a crime for planning to commit an offence, even if you don't actually go through with it. The Criminal Code 2007 (NI) and the Criminal Code Act 1995 outline offences such as "conspiracy" and "attempt" where the intention and actions taken towards committing a crime can be punishable, even if the crime itself doesn't occur. Also, "incitement" is an offence where urging someone else to commit a crime can lead to criminal charges, regardless of whether the crime is ultimately committed.

Detailed Explanation

Based on the provided legislative context, here's a breakdown of how planning a crime can lead to criminal charges:

  1. Conspiracy:

    • The Criminal Code 2007 (NI) section 48 states that if a person conspires with someone else to commit an offence punishable by imprisonment for longer than 1 year or by a fine of 200 penalty units or more (or both), that person commits the offence of conspiracy.
    • For a conspiracy charge to hold, the person must have entered into an agreement with at least one other person, and they must intend that an offence be committed under the agreement. Furthermore, the person or at least one other party to the agreement must commit an overt act under the agreement.
    • It is possible to be found guilty of conspiracy even if it was impossible to commit the offence conspired, according to subsection 48(5)(a).
    • However, subsection 48(6) states that a person must not be found guilty of the offence of conspiracy to commit an offence if, before the commission of an overt act under the agreement, the person withdrew from the agreement and took all reasonable steps to prevent the commission of the offence conspired.
    • The Crimes Act 1914 section 41 also covers conspiracy, specifically "Conspiracy to bring false accusation".

  2. Attempt:

    • The Criminal Code Act 1995 section 11.1 states that a person who attempts to commit an offence commits the offence of attempting to commit that offence and is punishable as if the offence attempted had been committed.
    • For a person to be guilty of attempt, the person’s conduct must be more than merely preparatory to the commission of the offence.
    • A person may be found guilty even if committing the offence attempted is impossible, according to subsection 11.1(4)(a).

  3. Incitement:

    • The Criminal Code 2007 (NI) section 47 states that if a person urges the commission of an offence (the offence incited), the person commits the offence of incitement.
    • The person commits the offence of incitement only if the person intends that the offence incited be committed.
    • A person may be found guilty of the offence of incitement even though it was impossible to commit the offence incited, according to subsection 47(4).