Criminal Code Act 1899

Chapter 55Attempts and preparation to commit offences535Attempts to commit indictable offences

If a person attempts to commit a crime, the person commits a crime.

If a person attempts to commit a misdemeanour, the person commits a misdemeanour.sch 1 pt 7 ch 55 s 535 amd 1997 No. 3 s 95sub 2008 No. 55 s 99536Punishment of attempts to commit indictable offences

A person who attempts to commit an indictable offence punishable by mandatory life imprisonment is liable, if no other punishment is provided, to life imprisonment.

A person who attempts to commit an indictable offence punishable by life imprisonment but not mandatory life imprisonment is liable, if no other punishment is provided, to 14 years imprisonment.

A person who attempts to commit any other indictable offence is liable, if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the offence is liable.

In this section—mandatory life imprisonment means a penalty of life imprisonment that can not be mitigated or varied under this Code or any other law.sch 1 pt 7 ch 55 s 536 amd 1922 13 Geo 5 No. 2 s 3(xvi); 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 99537sch 1 pt 7 ch 55 s 537 om 2008 No. 55 s 99538Reduction of punishment

When a person is convicted of attempting to commit an offence, if it is proved that the person desisted of the person’s own motion from the further prosecution of the person’s intention, without its fulfilment being prevented by circumstances independent of the person’s will, the person is liable to one-half only of the punishment to which the person would otherwise be liable.

If the punishment to which the person would otherwise be liable for the attempt is imprisonment for life, the greatest punishment to which the person is liable is imprisonment for 14 years.sch 1 pt 7 ch 55 s 538 amd 1988 No. 88 s 5 sch 2; 2008 No. 55 s 100539Attempts to procure commission of criminal acts

Any person who attempts to procure another—

to do an act or make an omission in Queensland; or

to do an act or make an omission outside Queensland;

being an act or omission of such a nature that, if the act were done or the omission made, an offence would thereby be committed—

in the case referred to in paragraph (a)—under the laws of Queensland; or

in the case referred to in paragraph (b)—under the laws in force in the place where the act or omission is proposed to be done or made;

whether by himself, herself or by the other person, is guilty of an offence of the same kind and is liable to the same punishment as if the person had attempted to do the same act or make the same omission in Queensland.

However, in the case referred to in subsection (1)(b), the punishment can not exceed that which the person would have incurred under the laws in force where the act or omission was proposed to be done or made, if the person had attempted to do the proposed act or make the proposed omission.

Any person who, while out of Queensland, attempts to procure another to do an act or make an omission in Queensland of such a nature that, if the person had done the act or made the omission in Queensland, the person would have been guilty of an offence is guilty of an offence of the same kind and is liable to the same punishment as if the person had attempted to do the act or make the omission in Queensland.sch 1 pt 7 ch 55 s 539 amd 1900 64 Vic No. 7 s 1 schsub 1989 No. 17 s 47540Preparation to commit crimes with dangerous thingsA person who makes, or knowingly has possession of, a dangerous or offensive weapon or instrument or an explosive substance or other dangerous or noxious thing—

with intent to commit a crime by using the weapon, instrument or thing; or

to enable anyone to commit a crime by using the weapon, instrument or thing;

commits a crime.Maximum penalty—7 years imprisonment.sch 1 pt 7 ch 55 s 540 amd 1900 64 Vic No. 7 s 1 sch; 1986 No. 1 s 75; 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 101amd 2018 No. 2 s 6; 2026 No. 4 s 12540A Preparation or planning to cause death or grievous bodily harm

A person who does any act in preparation for, or planning, an offence that would be likely to cause the death of, or grievous bodily harm to, another person commits a crime.Maximum penalty—14 years imprisonment.

A person commits a crime under subsection (1) even if—

the offence does not occur; or

the person’s act is not done in preparation for, or planning, a specific offence; or

the person’s act is done in preparation for, or planning, more than 1 offence.

s 540A ins 2026 No. 4 s 13 Chapter 56Conspiracy541Conspiracy to commit crime

Any person who conspires with another to commit any crime, or to do any act in any part of the world which if done in Queensland would be a crime, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 7 years; or, if the greatest punishment to which a person convicted of the crime in question is liable is less than imprisonment for 7 years, then to such lesser punishment.

A prosecution for an offence defined in this section shall not be instituted without the consent of the Attorney-General.sch 1 pt 7 ch 56 s 541 amd 1986 No. 1 s 76; 1988 No. 88 s 5 sch 2542Conspiracy to commit other offences

Any person who conspires with another to commit any offence which is not a crime, or to do any act in any part of the world which if done in Queensland would be an offence but not a crime, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

A prosecution for an offence defined in this section shall not be instituted without the consent of the Attorney-General.sch 1 pt 7 ch 56 s 542 amd 1986 No. 1 s 77; 1988 No. 88 s 5 sch 2543Other conspiracies

Any person who conspires with another to effect any of the purposes following, that is to say—

to prevent or defeat the execution or enforcement of any statute law;

to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person;

to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value;

to injure any person in the person’s trade or profession;

to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on the person’s part, the free and lawful exercise by any person of the person’s trade, profession, or occupation;

to effect any unlawful purpose;

to effect any lawful purpose by any unlawful means;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

A prosecution for an offence defined in this section shall not be instituted without the consent of the Attorney-General.sch 1 pt 7 ch 56 s 543 amd 1986 No. 1 s 78; 1988 No. 88 s 5 sch 2543AIndustrial disputes

Notwithstanding anything contained in section 543, no act done or omission made by any 2 or more persons in contemplation or furtherance of any industrial dispute, and no agreement or combination by any 2 or more persons to do any act or make any omission or to procure any act to be done or omission to be made in contemplation or furtherance of any industrial dispute, shall render any of such persons guilty of any offence if such act or omission when done or made by an individual person would not have rendered such person guilty of an offence.

For the purposes of this section—industrial dispute has the same meaning as in the Industrial Relations Act 2016.sch 1 pt 7 ch 56 s 543A prev s 543A ins 1915 6 Geo 5 No. 31 s 37om 1929 20 Geo 5 No. 28 s 119

pres s 543A ins 1932 23 Geo 5 No. 36 s 85

amd 1997 No. 82 s 3 sch; 2000 No. 46 s 3 sch; 2008 No. 55 s 102; 2016 No. 63 s 1157 sch 6 Chapter 57Accessories after the fact544Accessories after the fact to offences

If a person becomes an accessory after the fact to a crime, the person commits a crime.

If a person becomes an accessory after the fact to a misdemeanour, the person commits a misdemeanour.

If a person becomes an accessory after the fact to a simple offence, the person commits a simple offence.sch 1 pt 7 ch 57 s 544 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 103545Punishment of accessories after the fact to offences

A person who becomes an accessory after the fact to an indictable offence punishable by mandatory life imprisonment is liable, if no other punishment is provided, to life imprisonment.

A person who becomes an accessory after the fact to an indictable offence punishable by life imprisonment but not mandatory life imprisonment is liable, if no other punishment is provided, to 14 years imprisonment.

A person who becomes an accessory after the fact to any other indictable offence or a simple offence is liable, if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the offence is liable.

In this section—mandatory life imprisonment means a penalty of life imprisonment that can not be mitigated or varied under this Code or any other law.sch 1 pt 7 ch 57 s 545 amd 1973 No. 88 s 11; 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 103