I. Basics

1. A person is guilty of an attempt if ' with intent to commit an offence .. [he] commits an act which is more than merely preparatory, to the commission of an offence'.

2. A person may be guilty (of an attempt) even though the facts are such that the commission of the offence is impossible. This is new: R. v. SHIVPURI (1986)

3. This applies to indictable offences only. Nevertheless, attempts (inter alia) to commit conspiracies and attempts to aid and abet are excluded.

4. A person who aids and abets the commission of an attempt is nevertheless guilty of aiding and abetting.


II. Incitement (= "sich erbieten")

1. This is treated like an attempt if what one offers to do would amount to a crime.

2. Incitement to commit a conspiracy is not an offence.