Alternative offence, meaning and effect of
10B Alternative offence, meaning and effect of
This section applies if a provision of this Code, or of another written law, that creates an offence (offence A) provides one or more alternative offences for offence A.
If a person is charged with an offence (offence A), whether or not on indictment, the person, instead of being convicted as charged, may be convicted of any alternative offence that is provided for offence A.
This section does not prevent —
this Code, or another written law, from providing a simple offence as an alternative offence for an indictable offence; or
a person charged in an indictment with an indictable offence from being found guilty by a jury, and convicted and punished by a superior court, for a simple offence that is an alternative offence for the indictable offence.
This section does not limit the operation of the other sections in this Chapter.
[Section 10B inserted: No. 70 of 2004 s. 36(2).]
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