Cap. 220 Art. 104Powertoconvictof offence other than that charged.

(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 punishment.

(2) An accused charged before a court-martial with any offence under this Act may be found guilty of attempting to commit that offence or the corresponding civil offence; and if an accused is charged with attempting to commit an offence under this Act he may be convicted on that charge notwithstanding that it is proved that he actually committed the offence or the corresponding civil offence.

(3) Where in relation to an offence under this Act it is prescribed that an accused charged before a court-martial with such offence may be found guilty of another offence which is prescribed in relation thereto, an accused charged as aforesaid may be found guilty of another offence prescribed as aforesaid in relation to an offence with which he is charged.