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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Attempts

150: Offence proved when attempt is charged

You could also call this:

"When you're accused of trying to commit a crime, but you actually did it, the court can change the charge."

Illustration for Criminal Procedure Act 2011

If you are charged with trying to commit a crime, but it turns out you actually did commit the crime, the court can change the charge. The court will only do this if you have not been misled or prejudiced in your defence. The court can also find you guilty of trying to commit the crime. After you are found guilty of trying to commit the crime, you cannot be tried again for the actual crime you were accused of trying to commit, as stated in the Criminal Procedure Act. You are protected from being tried twice for the same crime.

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149: Attempt proved when offence is charged, or

"Guilty of trying to commit a crime, even if you didn't succeed"

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Part 5General provisions
Conduct of proceeding: Attempts

150Offence proved when attempt is charged

  1. Where an attempt to commit an offence is charged, but the evidence establishes the commission of the full offence, the court may,—

  2. if in the court's opinion the defendant will not be or has not been misled or prejudiced in his or her defence by the amendment, amend the charge; or
    1. convict the defendant of the attempt.

      1. After a conviction for that attempt the defendant is not liable to be tried again for the offence that he or she was charged with attempting to commit.

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