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In forceAmended2020 Revised Edition

Part 5 · Trial by Subordinate Military Courts

90. Power to convict for offence other than that charged

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Amended

Last amended by an amending law of 2009.

(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 lower 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 even though it is proved that he or she actually committed the military offence.

(4)

An accused charged before a subordinate military court with attempting to commit a civil offence may be convicted on that charge even though it is proved that he or she 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 a person superior in rank or appointment may be found guilty of using or offering violence to a person superior in rank or appointment.

(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)

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

Report

Part 6

Punishments of Military Offences and Execution of Sentences

Part 7

Military Court of Appeal

Part 8

Arrests, Searches and Investigations

Part 9

Bail and Bonds

Part 10

Boards of Inquiry

Part 11

PAY

Part 12

Emergency Powers

Part 12A

Aid to Civilian Authorities

Part 13

Miscellaneous

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