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Section 120: Verdict of attempt on charge of full offence

Criminal Procedure Act · PART V: TRIAL

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

120. Verdict of attempt on charge of full offence (1) Where, on the trial of a person charged with a crime or misdemeanour, it appears to the jury upon the evidence that he did not commit the offence charged, but only attempted to commit the offence, that person shall not for that reason be entitled to be acquitted, but the jury may return as their verdict that he is not guilty of the crime or misdemeanour charged, but is guilty of an attempt to commit the crime or misdemeanour. (2) The accused shall be liable to be punished in the same manner as if he had been convicted upon an information for attempting to commit the particular crime or misdemeanour charged in the information. (3) The accused shall not be liable to be prosecuted subsequently for an attempt to commit the crime or misdemeanour for which he was so tried.

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