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Power to convict of offence other than that charged

Cap. 135, s. 84 · Revised Edition 2020

(1) An accused charged before a court martial with an offence under this Act may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed under circumstances involving a less degree of (2) An accused charged before a court martial with any offence may be found guilty of attempting to commit that (3) An accused charged before a court martial with attempting to commit an offence may be convicted on that charge notwithstanding that it is proved that he actually committed the offence. (4) Where an accused is charged before a court martial under section 67, in respect of attempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is proved that he actually committed the civil offence. (5) Where an accused is charged before a court martial with an offence against section 67, and the corresponding civil offence is one in proceedings for which, if he had been tried by a civil court for committing the offence in Belize, he might have been found guilty of another civil offence, then if the court finds that he has committed that other civil offence he may be 56 convicted of an offence against section 67, in respect of the commission of that other civil offence. (6) An accused charged before a court martial with an offence specified in the first column of Schedule III may be found guilty of an offence specified in relation thereto in the second column of that Schedule.
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Power to convict of offence other than that charged — Cap. 135 s. 84 · Belize Law