Practice question · Put in order
Arrange the steps by which a court fixes the penalty for an accomplice in an attempted offence, in order.
- Adjust within the resulting range for mitigating and aggravating circumstances
- Apply the reduction the Code requires for the degree of execution reached
- Apply the reduction the Code requires for the degree of participation
- Take the penalty the law fixes for the completed offence committed by the author
Hints
- Begin from the penalty the statute states, before any reduction.
- Circumstances are applied last, inside the range the reductions have produced.
Show the answer
- Take the penalty the law fixes for the completed offence committed by the author
- Apply the reduction the Code requires for the degree of execution reached
- Apply the reduction the Code requires for the degree of participation
- Adjust within the resulting range for mitigating and aggravating circumstances
Why
The order is fixed by the Code and it changes the answer. Reductions by degree are applied to the range, and applying them in a different order, or applying circumstances first and reducing afterwards, produces a different final range from the same facts. This is one of the few places in the general part where the arithmetic is genuinely mechanical.
Practise Attempt, Desistance and Participation
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More questions on Attempt, Desistance and Participation
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