Defence Act 1954

Conviction for offence other than that charged.

205

205. (1) An accused charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.

(2) An accused charged before a court-martial with attempting to desert may be found guilty of being absent without leave.

(3) An accused charged before a court-martial with any one of the offences mentioned in section 132 may be found guilty of any other offence mentioned in that section.

(4) An accused charged before a court-martial with any one of the offences mentioned in section 133 may be found guilty of any other offence mentioned in that section.

(5) An accused charged before a court-martial with stealing may be found guilty of embezzlement or fraudulently misapplying property.

(6) An accused charged before a court-martial with embezzlement may be found guilty of stealing or fraudulently misapplying property.

(7) An accused charged before a court-martial with any other offence against military law may, on failure of proof of an offence being committed under circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed under circumstances involving a less degree of punishment.

(8) Where an accused is charged before a court-martial with a civil offence and the charge is one upon which, if he had been tried by a civil court, he might have been found guilty of any other offence, the court-martial shall have power to find him guilty of that other offence.