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Section 122: Crime by accused charged with misdemeanour

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.

122. Crime by accused charged with misdemeanour (1) Where, on the trial of a person for a misdemeanour, it appears that the facts given in evidence amount in law to a crime, that person shall not for that reason be entitled to be acquitted of the misdemeanour. (2) No person tried for the misdemeanour shall be liable to be prosecuted for a crime on the same facts, unless the Court before which the trial takes place thinks fit to discharge the jury from giving any verdict upon the trial, and to direct that person to be included in an information for crime, in which case, that person may be dealt with in all respects as if he had not been put upon his trial for the misdemeanour.

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