Attempt

Guyana

Guyana - Criminal Law (Offences) Act 1894 (2014) EN

PART I GENERAL PROVISIONS
TITLE 4 – ATTEMPT, INCITEMENT AND THREAT

Attempt and Incitement
35. Everyone who, in any case where no express provision is made by this Act, or by any other written law for the time being in force, for the punishment thereof, attempts to commit, or incites or attempts to incite any other person to commit, any felony not punishable with imprisonment for seven years or more, or any misdemeanour, under this Act shall be guilty of a misdemeanour and liable to imprisonment for one year.

36. Everyone who, wherever no express provision is made by this Act, or by any other written law for the time being in force, for the punishment thereof, attempts to commit, or incites or attempts to incite any other person to commit, any felony punishable with imprisonment for seven years or more under this Act shall be guilty of a misdemeanour and liable to imprisonment for two years.

37. Everyone who, in any case where no express provision is made by any written law for the time being in force for the punishment thereof, attempts to commit, or incites or attempts to incite any other person to commit, any indictable offence at common law or under any written law, other than this Act, for the time being in force, shall be guilty of a misdemeanour and liable to imprisonment for two years.

PART II OFFENCES AGAINST THE PERSON AND REPUTATION
TITLE 9 – HOMICIDE

Murder
102. Everyone who—
(a) conspires, confederates, or agrees with any person to murder, or to cause or procure the murder of, any other person, whether the person intended to be murdered is a citizen of Guyana or not, or is within Guyana or not; or
(b) solicits, counsels, or attempts to procure any person to murder any other person, whether the person whose murder is solicited, counselled, or attempted to be procured is a citizen of Guyana or not, or is within Guyana or not,
shall be guilty of felony and liable to imprisonment for ten years.

103. Everyone who, with intent to commit murder—
(a) administers to, or causes to be administered to or taken by, any person any poison or other noxious or destructive thing; or
(b) attempts to administer to, or attempts to cause to be administered to or taken by, any person any poison or other noxious or destructive thing; or
(c) by any means whatsoever, wounds or causes any grievous bodily harm to any person; or
(d) by the explosion of any explosive substance, destroys or damages any building; or
(e) sets fire to any ship or vessel, or any
part thereof, or any part of the tackle, apparel, or furniture thereof, or any goods or chattels being therein; or
(f) casts away or destroys any ship or vessel; or
(g) discharges, or in any manner attempts to discharge, at any person any kind of loaded firearm, as defined in section 56; or
(h) attempts to drown, choke, suffocate, or strangle any person,
shall, whether any bodily injury is effected or not, be guilty of felony and liable to imprisonment for life.

104. Everyone who, by any means other than those mentioned in the last preceding section, attempts to commit murder shall be guilty of felony and liable to imprisonment for life.

Guyana - Criminal Law Procedure Act 1894 (2012) EN

PART III PROCEEDINGS IN THE COURT
TITLE 8 – PLEADING

Indictment
100. Where the complete commission of the offence charged is not proved, but the evidence establishes an attempt to commit the offence, the accused person may be convicted of the attempt, and punished accordingly:
Provided that, after a conviction for the attempt, the accused person shall not be liable to be prosecuted again for the offence which he was charged with committing.

101. Where an attempt to commit an offence is charged, but the evidence establishes the commission of the full offence, the accused person shall not be entitled to be acquitted, but he may be convicted of the attempt and punished accordingly:
Provided that, after a conviction for the attempt, the accused person shall not be liable to be prosecuted again for the offence which he was charged with attempting to commit.

Rome Statute

Article 25 Individual criminal responsibility

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.