What is the test for a preliminary or inchoate crime?
Ontario, Canada
The following excerpt is from R. v. Lucas, 2013 ONCJ 280 (CanLII):
[25] “Attempts are preliminary or inchoate crimes. That it is not possible to commit the substantive offence attempted is of no legal moment. United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462 at para. 49; Criminal Code s. 24(1).
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