New Zealand Acts

COURT MARTIAL ACT 2007 - SECT 56

56 Power to convict of offence other than that charged

1 This section applies if a provision of the 1971 Act provides that—

a) an act or omission, if done or made with a certain specified intent or in certain specified circumstances, is an offence punishable by a specified punishment; and

b) the same act or omission, if done or made otherwise than with that intent or in those circumstances, is an offence punishable by a less severe punishment.

2 An accused charged with having committed an offence with the intent or in the circumstances involving the more severe punishment may be convicted of the offence that relates to the less severe punishment.