Inchoate crimes

Today's Court of Appeal decision in R. v. Alicandro, 2009 ONCA 133 settles an issue relating to impossibility of committing an offence.



Specifically, the accused was convicted of using a computer to lure someone he believed to be a child for sexual purposes. In fact, the 'child' was a middle aged police officer and so it was factually impossible for there to be a child lured.



The Court considered the argument and determined that, where inchoate crimes are being considered, in general (and this depends on the specific statutory provisions) the impossibility of committing the crime in contemplation is no defence.



Put otherwise, you can be convicted of trying to pick an empty pocket.