Defence Forces (Temporary Provisions) Act, 1923
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Conviction of offence other than offence charged with. |
101.—(1) Where a person is charged before a Court-Martial with an offence mentioned in Section 69 of this Act, and the offence is such that if he were charged with the same offence upon indictment before a Civil Court he could lawfully be convicted on such indictment of some other offence not charged in the indictment, then the Court-Martial may, instead of finding the accused guilty of the offence charged, find him guilty of such other offence as a Civil Court might lawfully have convicted him of. | |
(2) An accused charged before a Court-Martial with desertion may be found guilty of attempting to desert or being absent without leave. | ||
(3) An accused charged before a Court-Martial with attempting to desert may be found guilty of desertion or being absent without leave. | ||
(4) An accused charged before a Court-Martial with any other offence under this Act, other than an offence mentioned in Section 69 of this Act, may, on failure of proof of an offence being committed in circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed in circumstances involving a less degree of punishment. |