28th September, 1936
THE PALESTINE
GAZETTE
(2) E v e r y person who is guilty of the offence prescribed i n
sub-section (1) hereof shall be liable on conviction —
(a) if the offence committed by the person received or assisted
renders the perpetrator thereof liable on conviction to death
or imprisonment exceeding three years, then to imprisonment not exceeding three years;
(b)
i f the offence renders the perpetrator thereof liable on
conviction to imprisonment for three years or less, then
to a term of imprisonment not exceeding half of the period
of imprisonment to which the perpetrator is liable for the
offence .
27. E v e r y person who by this Code is deemed to be an
accessory after the fact may be brought to trial and convicted of
an offence under this Code whether the actual perpetrator of the
offence i n w h i c h he is an accessory has or has not been previously
convicted of the offence, or whether it is or is not possible to
institute proceedings against h i m and enforce any punishment
that he may be ordered to undergo for the offence; and any such
person may be tried either alone or together w i t h the actual
perpetrator of the offence or with any other accessories thereto.
CHAPTER
Accessory after
the fact may be
tried whether
principal has
been convicted
or not.
VI.
ATTEMPTS, INCITEMENTS,
CONSPIRACY.
28. F o r the purpose of this chapter "offence" shall not include
a contravention.
Definition,
29. A n y person who attempts to commit an offence shall be
liable unless some other punishment is provided i n this Code :—
Attempts,
(a) to imprisonment for life if the offence attempted would
render the perpetrator thereof liable on conviction to death;
(b) to imprisonment for a period not exceeding fourteen years
if the offence attempted is manslaughter;
( c ) to imprisonment for a period not exceeding ten years if
the offence attempted is any other offence which would
render the perpetrator liable to imprisonment for l i f e ;
(d)
i n every other case, to a punishment not exceeding half
of the greatest punishment to which the perpetrator of the
offence is liable on conviction.
30. —(1) A person is deemed to attempt to commit an offence
when he begins to put his intention to commit the offence into
execution by means adapted to its fulfilment, and manifests his
intention by some overt act, but does not fulfil his intention to
such an extent as to commit the offence.
(2) It is immaterial, except so far as regards punishment,
whether the offender does all that is necessary on his part for
completing the commission of the offence, or whether the complete
fulfilment of his intention is prevented by circumstances independent of his w i l l , or whether he desists of his own motion from
further prosecution of his intention.
(3) It is immaterial that by reason of circumstances not k n o w n
to the offender it is impossible i n fact to commit the offence.
Attempt defined,