Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Parties to the commission of offences

72: Attempts

You could also call this:

“You can get in trouble for trying to do a crime, even if you don't finish it.”

When you intend to commit an offence and do or don’t do something to try to make it happen, you are guilty of attempting to commit that offence. This is true even if it wasn’t actually possible for you to commit the offence in that situation.

The law decides whether what you did or didn’t do was just getting ready to commit the offence, or if it was an actual attempt. If it was just preparation, it might be considered too far removed from the offence to count as an attempt.

An attempt to commit an offence can happen when what you do or don’t do is closely connected to the offence you meant to commit. You don’t have to do anything that clearly shows you intended to commit that specific offence for it to be considered an attempt.

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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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“Someone who helps a person who committed a crime to avoid getting caught or punished”

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“This law explains what counts as being very disloyal to New Zealand and its ruler.”

Part 4 Parties 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