Crimes Act 1961

Threatening, conspiring, and attempting to commit offences

311: Attempt to commit or procure commission of offence

You could also call this:

"Trying to commit a crime or getting someone else to do it can still get you in trouble"

If you try to commit a crime, but do not actually do it, you can still get in trouble. You can go to prison for up to 10 years if the crime you tried to commit has a punishment of life in prison. For other crimes, your punishment will be half of what you would have gotten if you had actually committed the crime.

If you try to get someone else to commit a crime, but they do not do it, you can get the same punishment as if you had tried to commit the crime yourself. This is unless there is a different punishment stated in the law for that specific situation. You will be treated as if you had tried to commit the crime, even if you did not actually do it.

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This page was last updated on 4 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330795.

Topics:

Crime and justice > Criminal law

310: Conspiring to commit offence, or

"Planning a crime with someone can get you in trouble, even if you don't actually do it"

312: Accessory after the fact to crime, or

"Helping someone who broke the law can get you in trouble too"

Part 11Threatening, conspiring, and attempting to commit offences

311Attempt to commit or procure commission of offence

Every one who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this Act or by some other enactment is liable to imprisonment for a term not exceeding 10 years if the maximum punishment for that offence is imprisonment for life, and in any other case is liable to not more than half the maximum punishment to which he or she would have been liable if he or she had committed that offence.
Every one who incites, counsels, or attempts to procure any person to commit any offence, when that offence is not in fact committed, is liable to the same punishment as if he or she had attempted to commit that offence, unless in respect of any such case a punishment is otherwise expressly provided by this Act or by some other enactment.

Compare

1908 No 32 ss 349, 350, 351
1922 No 35 s 3