section 24

INTRODUCTION AND BRIEF DESCRIPTION

Section 24 of the Criminal Code of Canada defines the offence of attempt, where someone with intent to commit a crime does or omits something to carry it out, regardless of whether it was possible to commit the crime or not.

SECTION WORDING

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. Question of law (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.

EXPLANATION

Section 24 of the Criminal Code of Canada deals with attempts to commit a criminal offence. It states that if a person has the intention to commit an offence, and does or fails to do something with the purpose of carrying out that intention, they are guilty of attempting to commit the offence, regardless of whether it was possible to actually commit the offence or not. This means that if someone plans to commit a crime, and takes any steps towards carrying out that plan, they can be charged with attempting to commit that crime. For example, if someone plans to steal a car and goes to the car with the intention of taking it, but is unable to do so for some reason, they can still be charged with attempted theft. However, there is a question of law about what constitutes an attempt versus mere preparation. The law differentiates between preparing to commit a crime and actually attempting to commit it. If a person has taken preparatory steps towards committing a crime but has not yet taken any direct action towards carrying out their plan, they may not be charged with an attempted crime. The distinction between mere preparation and an attempt is a question of law that is decided on a case-by-case basis by the court. The court considers factors such as the nature of the crime, the intent of the offender, and the steps taken towards carrying out the offence. Overall, section 24 makes it clear that planning to commit a crime and taking steps towards carrying out that plan can lead to charges of attempted crime, even if the actual offence was not completed. It is up to the court to determine whether the actions taken towards committing the crime constitute an attempt or mere preparation.

COMMENTARY

Section 24 of the Criminal Code of Canada deals with the offence of attempt. Under this section, any person who has an intent to commit an offence and takes any action towards accomplishing that goal is guilty of an attempt. This offence is punishable by law, even if the person was unable to complete the offence due to unforeseen circumstances. The key aspect of this section is the intent to commit an offence. This means that simply taking actions in the direction of committing an offence is not enough to be charged under this section. The individual must have an intent to commit the offence, which means that they must have purposefully and deliberately taken actions towards the offence. Another important aspect of this section is that it considers an attempt to be a separate offence in itself, regardless of whether the individual was successful in committing the offence. This means that even if the individual did not succeed due to unforeseen circumstances, such as being apprehended by the authorities, they can still be charged with an attempt to commit the offence. Moreover, section 24 also makes it clear that the question of whether an individual's actions constitute an attempt to commit an offence or just mere preparation for the offence is a question of law. This means that it is up to the court to determine whether an individual's actions were significant enough to be considered as an attempt to commit an offence. Section 24 is an important aspect of the Criminal Code of Canada as it provides a deterrent to individuals who may be considering committing an offence. The possibility of being charged with an attempt to commit the offence, even if they are unable to complete it, may make some individuals think twice before attempting to carry out a criminal act. In conclusion, section 24 of the Criminal Code of Canada is an important aspect of the criminal justice system as it provides a legally binding definition of what constitutes an attempt to commit a crime. The section considers both the intent of the individual as well as the actions taken towards carrying out the offence. By doing so, it helps to ensure that individuals are held accountable for their actions, even if they were unable to complete the offence.

STRATEGY

When dealing with Section 24 of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. This section establishes the offence of attempt, which means that even if an individual fails to commit a crime, they can still be charged and punished for attempting to do so. This provision is aimed at preventing criminal conduct before it can occur and providing a deterrent effect on potential offenders. To effectively utilize Section 24, prosecutors must employ a number of strategies. One key strategy when working with Section 24 is to ensure that the defendant had the requisite intent to commit the target offence. This is essential because attempted offences require a full intent to commit the underlying crime. A defendant might engage in actions that appear to be an attempt to commit a crime, but if they did not have the intent to do so, they cannot be convicted of attempt. For this reason, prosecutors must be able to prove that the defendant had the necessary mens rea, or mental state, to commit the target offence. Proving this element can be challenging, especially if the defendant engaged in multiple actions that could be interpreted in different ways. Another strategic consideration when working with Section 24 is the timing of the attempted offence. For prosecutors to succeed in an attempt charge, the defendant must have performed an act that is more than mere preparation but falls short of completing the offence. This means that prosecutors must prove the defendant had taken a step beyond just planning or thinking about the crime. Sometimes, it can be difficult to distinguish between an act that demonstrates an intent to commit an offence and one that is merely preparatory. Prosecutors must be able to show that the defendant had carried out an act that goes beyond preparing to commit the crime before the defendant can be found guilty under this section. Additionally, it is essential that prosecutors understand the limits of Section 24. Under the law, an act of preparation is not enough to constitute an attempt. A prosecutor must prove that the accused took some step towards committing the crime. However, a person cannot be found guilty of an attempt if the intended offence was impossible under the circumstances. The courts have emphasized that the attempt offence punishes the dangerousness of the conduct, so the impossibility of the offence can limit the dangerousness of the person's actions. Lastly, when dealing with Section 24, prosecutors should be prepared to present evidence that shows the defendant's actions were designed to carry out the crime they intended to commit. In addition to proving that the defendant had the required mens rea and took a step beyond mere preparation, the prosecutor must also demonstrate that the act or omission was directly linked to carrying out the offence. Failure to establish this link can result in an acquittal. In conclusion, prosecutors must take a strategic approach when working with Section 24 of the Criminal Code of Canada to establish the elements of the offence. This requires careful consideration of the defendant's intent, timing, and actions, as well as an understanding of the limits of the offence. Proving these elements will ensure that the accused is properly punished for the dangerousness of their conduct.