If you are charged with committing a crime, but it is not proven that you actually did it, you can still be found guilty of trying to commit the crime. This is called an attempt to commit the offence. You can be convicted of attempting to commit the crime if there is evidence that shows you tried to do it, even if you did not succeed.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360240.
148: Prosecutor must notify court if defendant completes programme of diversion, or
"Prosecutor must tell court if you finish diversion programme to get charges dropped"
150: Offence proved when attempt is charged, or
"When you're accused of trying to commit a crime, but you actually did it, the court can change the charge."
Where the commission of the offence charged is not proved, but the evidence establishes an attempt to commit the offence, the defendant may be convicted of the attempt.
