Charge of attempting to procure, alternative convictions on
10H Charge of attempting to procure, alternative convictions on
If a person is charged with attempting to procure the commission of an offence (the principal offence), the person, instead of being convicted as charged, may be convicted of attempting to procure the commission of any other offence of which any person charged with the principal offence might be convicted instead of the principal offence.
If a person (the accused) is charged with attempting to procure another person to do an act or make an omission of such a nature that if the act or omission had occurred an offence (the principal offence) would have been committed, the accused, instead of being convicted as charged, may be convicted of attempting to procure the other person to do any other act or make any other omission that is of such a nature that if the act or omission had occurred an offence would have been committed of such a nature that any person charged with the principal offence might be convicted of it instead of the principal offence.
[Section 10H inserted: No. 70 of 2004 s. 36(2).]
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