Singapore legislation

Clause 88

of Singapore Armed Forces Bill

Clause 88

Power to convict for offence other than that charged

(1)

An accused charged before a subordinate military court 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 subordinate military court with any offence may be found guilty of attempting to commit that offence.

(3)

An accused charged before a subordinate military court with attempting to commit a military offence may be convicted on that charge notwithstanding that it is proved that he actually committed the military offence.

(4)

Where an accused is charged before a subordinate military court with 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.

(5)

An accused charged before a subordinate military court with theft may be found guilty of dishonestly misappropriating property.

(6)

An accused charged before a subordinate military court with desertion may be found guilty of being absent without leave.

(7)

An accused charged before a subordinate military court with striking an officer superior in rank may be found guilty of using or offering violence to his superior officer.

(8)

An accused charged before a subordinate military court with using violence may be found guilty of offering violence.

(9)

An accused charged before a subordinate military court with using threatening language may be found guilty of using insubordinate language.

(10)

Where an accused is charged before a subordinate military court with a civil offence and the charge is one upon which, if he had been tried by a civil court in Singapore for such an offence committed in Singapore, he might have been found guilty of any other offence, the subordinate military court shall have power to find him guilty of that offence.