Section 121: Verdict of assault with intent to rob on charge of aggravated larceny

121. Verdict of assault with intent to rob on charge of aggravated larceny (1) Where, on the trial of a person upon an information for aggravated larceny, it appears to the jury upon the evidence that he did not commit the [Issue 1] C59– 24 Revised Laws of Mauritius crime of aggravated larceny, but that he did commit an assault with intent to rob, that person shall not for that reason be entitled to be acquitted, but the jury may return as its verdict that he is guilty of an assault with intent to rob. (2) The accused shall be liable to be punished in the same manner as if he had been convicted upon an information for criminally assaulting with intent to rob. (3) The accused shall not be liable to be prosecuted for an assault with intent to commit the aggravated larceny for which he was so tried.