§705-531  Multiple convictions.  A
person may not be convicted of more than one offense defined by this chapter
for conduct designed to commit or culminate in the commission of the same
substantive crime. [L 1972, c 9, pt of §1]



 



COMMENTARY ON §705-531



 



  This section reflects a position which underlies much of this
chapter:  that the danger which is represented by inchoate crimes lies in the
possibility that the substantive will be carried to fruition because of
disposition of the defendant.  Hence any number of stages preparatory to the
commission of a given offense, if taken together, still only constitute a
single danger: that the crime contemplated will be committed.  Such a rationale
precludes cumulating convictions of attempt, solicitation, and conspiracy to
commit the same offense.  Section 705-531 precludes conviction of more than one
inchoate crime for conduct intended to result in the commission of the same
offense.



  There was nothing in previous Hawaii law to prevent
prosecution of multiple inchoate offenses for conduct intended to result in the
commission of a single crime.



 



Case Notes



 



  "Convicted" means guilty verdict, not sentence and
judgment; under this section and §701-109, defendant cannot be found guilty of
being an accomplice to an attempted crime and of conspiracy to commit the same
crime.  5 H. App. 651, 706 P.2d 1326.



  Under this section and §701-109, defendant cannot be found
guilty of conspiracy to commit crime and the crime itself.  5 H. App. 670, 706
P.2d 1331.