326When evidence shows offence of similar nature

326 When evidence shows offence of similar nature (1) Upon an indictment charging a person with an offence if the evidence establishes that he is guilty of another offence of such a nature that upon an indictment charging him with it he might have been found guilty of the offence with which he is actually charged, he may be found guilty of the offence with which he is so charged. (2) A person so tried is not liable to be afterwards prosecuted for the offence so established by the evidence unless the presiding Judge thinks fit to discharge the jury from giving any verdict and to direct Criminal Code Act 1983 283 the accused person to be indicted for that offence; in which case he may be dealt with in all respects as if he had not been put upon his trial for the offence with which he is actually charged.