By Funmilayo Olagunju

The adjective inchoate is defined by Black’s Law Dictionary as partially completed or imperfectly formed; just begun.

In relation to crime, incohate offences are preliminary in nature. They are committed in view of another target (substantive) offence which does not need to be accomplished. Inchoate offences are punishable without the completion or successful actualization of the target offence.

Under the common law doctrine, three general offences are termed as inchoate offences:

Attempt

Conspiracy

Incitement.

Attempt to commit offences is capture in Section 4 of the Criminal Code Act:

“When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence, he is said to attempt to commit the offence.

It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfilment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention.

It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.

The same facts may constitute one offence and an attempt to commit another offence”

A single person person can be liable for attempt to commit an offence.

Examples of criminal attempt are:

Attempted murder which is punishable by life imprisonment (Section 320 of the Criminal Code Act)

Attempted robbery which is punishable with imprisonment not less than 14 years (Section 403 of the Criminal Code Act)

Attempt to commit suicide which is punishable with a year imprisonment (Section 327 of the Criminal Code Act).

It is an offence for a person to start taking steps towards the realization of an unlawful goal. Criminal attempt is punishable whether the target crime is accomplished or not.

“Turn from evil and do good; seek peace and pursue it”