Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 5
93. Power to convict of offence other than that charged
Official textFrom Attorney General's Chambers, unchanged
An accused charged before a court-martial with an offence under this Act may, on failure of proof of the offence having being committed under circumstances involving a higher degree of punishment, be found guilty of an offence as having been committed under circumstances involving a lesser degree of punishment.
An accused charged before a court-martial with any offence may be found guilty of attempting to commit that offence.
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.
Where an accused is charged before a court-martial under section 72 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.
Royal Brunei Armed Forces 74
Armed Forces
“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
Where an accused is charged before a court-martial with an offence against section 72, 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 Brunei Darussalam, 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 convicted of an offence against section 72 in respect of the commission of that other civil offence.
corresponding civil offence
“corresponding civil offence” has the meaning assigned to it by section 72(2);
An accused charged before a court-martial with an offence specified in the first column of Schedule may be found guilty of an offence specified in relation thereto in the second column of that Schedule.
Terms defined in s 2
Armed Forces
Defined · s 2“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
civil court
Defined · s 2“civil court” means a court of ordinary criminal jurisdiction in Brunei Darussalam;
corresponding civil offence
Defined · s 2“corresponding civil offence” has the meaning assigned to it by section 72(2);
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