Criminal Law Code as at 1st March 2007 (i) the crime which is the subject of the conspiracy is to be committed by one, both or all of the parties to the agreement; or (ii) one or more of the parties to the conspiracy, other than the accused, did not know that the subject-matter of the agreement was the commission of a crime. 189 Attempt (1) Subject to subsection (1), any person who⎯ (a) intending to commit a crime, whether in terms of this Code or any other enactment; or (b) realising that there is a real risk or possibility that a crime, whether in terms of this Code or any other enactment, may be committed; does or omits to do anything that has reached at least the commencement of the execution of the intended crime, shall be guilty of attempting to commit the crime concerned: (2) A person shall not be guilty of attempting to commit a crime if, before the commencement of the execution of the intended crime, he or she changes his or her mind and voluntarily desists from proceeding further with the crime. 190 Mistake of fact in relation to unfinalised crimes It shall not be a defence to a charge of threatening, incitement, conspiracy or attempting to commit a crime that the accused believed, due to a mistake of fact, that it was physically possible to commit the crime which was the subject of the threat, incitement, conspiracy or attempt, whereas in fact its commission was physically impossible. 191 Extra- territorial incitement or conspiracy (1) If a person who is⎯ (a) in Zimbabwe incites or conspires with another person who is outside Zimbabwe to commit a crime in Zimbabwe; or (b) outside Zimbabwe incites or conspires with another person who is in Zimbabwe to commit a crime in Zimbabwe; the first-mentioned person in paragraph (a) or (b) may be charged with incitement in Zimbabwe, and the first-mentioned person or other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with conspiracy to commit the crime concerned, as the case may be15. (2) If a person who is outside Zimbabwe incites or conspires with another person outside Zimbabwe to commit a crime in Zimbabwe, the first-mentioned person or the other person or both may be charged with incitement or conspiracy to commit the crime concerned, as the case may be, if, as a result of the incitement or conspiracy, either or both persons enter Zimbabwe in order to commit the crime. 15 As amended by s. 31 of Act 9/2006 [deletion of all words after paragraph (b) – "the firstmentioned person in paragraph (a) or (b) may be charged with incitement in Zimbabwe, and the first-mentioned person or other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with conspiracy to commit the crime concerned, as the case may be" – and substitution of the words appearing in the text]. - 110 -