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Defence Act, 1957 (Act No. 44 of 1957)

Schedules

First Schedule

88. Alternative verdicts

 

 

(1) An accused who is charged—
(a) with desertion, may be found guilty of having been absent without leave;
(b) with having used threatening language to his superior officer, may be found guilty of having used insulting language to or of having by word or conduct displayed insubordination or of having behaved with contempt towards his superior officer;
(c) with having by words or conduct displayed insubordination or of having behaved with contempt towards his superior officer, may be found guilty of having used insulting or threatening language to his superior officer;
(d) with malingering, may be found guilty of feigning or producing disease or infirmity;
(e) with feigning disease or infirmity, may be found guilty of producing disease or infirmity;
(f) with producing disease or infirmity, may be found guilty of feigning disease or infirmity;
(g) with maiming, may be found guilty of injuring;
(gA) with an offence under section 19(1), may be found guilty of having committed an offence under section 19(2);
(h) with theft, may be found guilty of receiving stolen property knowing it to have been stolen;
(i) with any other offence under this Code, may, failing proof of the commission of an offence in circumstances involving a higher degree of punishment, be found guilty of the same offence as having been committed in circumstances involving a lesser degree of punishment;
(j) with any offence under this Code, may be found guilty of having attempted to commit that offence or of having aided, abetted, induced, incited, instigated, instructed or commanded any person to commit that offence or having procured the commission of that offence.

 

(2) If an accused is charged before a military court with an offence under section forty-seven, and the charge is one on which he could, if he had been tried by a civil court for such offence committed in the Republic have been found guilty of any other offence, the military court may find him guilty of that other offence.

[Subsection (2) amended by section 43(b) of Act No. 16 of 1999]

 

(3) Where an accused is charged before a military court with a civil offence, and the charge is one on which he could, if he had been tried by a civil court in the Republic for such an offence, have been found guilty of any other offence, the military court may find him guilty of that other offence.

[Subsection (3) amended by section 43(b) of Act No. 16 of 1999]