§705-531 - Multiple convictions. - Hawaii Statutes

     §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.