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Crimes Act 1961

Parties to the commission of offences

72: Attempts

You could also call this:

"Trying to commit a crime can still get you in trouble, even if you don't succeed."

Illustration for Crimes Act 1961

If you try to commit a crime, you can still get in trouble even if you don't actually do it. You are guilty of trying to commit the crime if you do or don't do something on purpose to try to achieve your goal. It doesn't matter if it was possible to commit the crime or not. You can be considered to have tried to commit a crime if what you did or didn't do is closely connected to the crime you intended to commit. A court will decide if what you did was just getting ready to commit the crime or if it was actually an attempt to commit the crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328517.

Topics:
Crime and justice > Criminal law
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Part 4Parties to the commission of offences

72Attempts

  1. Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

  2. The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

  3. An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Compare
  • 1908 No 32 s 93