§705-502  Grading of criminal attempt. 
An attempt to commit a crime is an offense of the same class and grade as the
most serious offense which is attempted. [L 1972, c 9, pt of §1]



 



COMMENTARY ON §705-502



 



  For purposes of sentencing, the Code equates the criminal
attempt with the most serious substantive offense attempted.  Only in the case
where the crime attempted is murder does the Code authorize a different
sentence for the substantive offense than for the attempt.  This is because
§706-606 provides a special sentence for murder.  Attempted murder is treated
as an ordinary class A felony.



  The dispositions[1] (suspension of sentence, probation,
imprisonment, etc.) authorized by Chapter 706 of the Code are intended to
provide primarily a flexible and corrective process.  The court's order should
be determined by the need for correction as demonstrated by the anti-social
disposition (propensities) of the defendant.  This being the case, there is
generally no difference in the sanctions which ought to be available to the
court when a crime is attempted but not consummated.  However, where the
offense attempted is murder, the unique sentence authorized for that crime is
not imposed.  Instead, the attempt is treated as any other class A felony. 
Because §706-606 requires mandatory imprisonment, possibly for life, there is
room to economize on sentencing for attempted murder.  The various modes of
disposition available for a class A felony ought to suffice for correctional
needs.



  Under previous Hawaii law, the sentencing of attempts is
structurally similar to that provided in the Code, except that Hawaii law
formerly provided a maximum term of imprisonment of twenty years,[2] whereas
the Code, in making the most serious attempt a class A felony, provides for an
extended term in cases presenting aggravating circumstances.[3]



 



Case Notes



 



  Attempted murder is treated as ordinary class A felony.  57
H. 418, 558 P.2d 1012.



 



__________



§705-502 Commentary:



 



1.  The word "disposition" is used in the Penal Code
and its commentary with two different meanings.  In Chapter 705 and elsewhere
the commentary refers to the actor's disposition; the word is used in this
context to refer to the actor's anti-social propensities.  Chapter 706 deals
with the disposition of convicted defendants.  That chapter deals with
procedures to be followed and available sanctions upon conviction (i.e.,
suspension of sentence or imposition of a sentence or imposition of a sentence
ordering probation, fine, or imprisonment).



 



2.  H.R.S. §702-5.



 



3.  Cf. Chapter 706, Disposition of Convicted Defendants.