5.—(1) A person guilty by virtue of Article 3 of attempting to commit an offence shall—
(a)if the offence attempted is murder or any other offence the sentence for which is fixed by law, be liable on conviction on indictment to imprisonment for life; and
(b)if the offence attempted is indictable but does not fall within sub-paragraph (a), be liable on conviction on indictment to any penalty to which he would have been liable on conviction on indictment of that offence; and
(c)if the offence attempted is punishable either on conviction on indictment or on summary conviction, be liable on summary conviction to any penalty to which he would have been liable on summary conviction of that offence; and
(d)if the offence attempted is punishable only on summary conviction, be liable on summary conviction to any penalty to which he would have been liable on conviction of that offence.
(2) Where, in proceedings against a person for an offence under Article 3, there is evidence sufficient in law to support a finding that he did an act falling within paragraph (1) of that Article, the question whether or not his act fell within that paragraph is a question of fact.
(3) F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Art. 5(3) repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 16(2), Sch. 3; S.R. 2008/510, art. 2