ACTIn ForceAct
Crimes Act 1900
296Conviction for alternative offence
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296 Conviction for alternative offence
If, on the trial of a person for an offence, it appears that the facts in
evidence amount in law to another offence, he or she may
notwithstanding be found guilty of and sentenced for the
firstmentioned offence, and in that case shall not be liable to be
prosecuted for the secondmentioned offence on the same facts but the
court may discharge the jury from giving any verdict on the trial, and
direct the person to be indicted for the secondmentioned offence.