Attempt charged-full offence proved

(1) Where an attempt to commit an offence is charged, but the evidence establishes the commission of the full offence, the defendant shall not be entitled to have the complaint dismissed, but he may be convicted of the attempt and punished accordingly. (2) After a conviction for the attempt under subsection (1) of this section, the defendant shall not be liable to be prosecuted again for the offence which he was charged with attempting to commit.