Section 661 — Criminal Code: Attempt charged, full offence proved

Where an attempt to commit an offence is charged but the evidence establishes the commission of the complete offence, the accused is not entitled to be acquitted, but the jury may convict him of the attempt unless the judge presiding at the trial, in his discretion, discharges the jury from giving a verdict and directs that the accused be indicted for the complete offence. An accused who is convicted under this section is not liable to be tried again for the offence that he was charged with attempting to commit.