17Leaving a post, abandoning equipment or otherwise failing to perform duty

17  Leaving a post, abandoning equipment or otherwise failing to perform duty  (1) A defence member commits an offence if the member is engaged on service in connection with operations against the enemy and:  (i) has a duty to be at a post, position or other place; and  (ii) leaves the post, position or place; or  (b) the member abandons his or her weapons or other equipment; or  (c) the member does not properly perform his or her duty in any other manner in attacking or defending against the enemy.  (2) It is a defence if the member proves that he or she had a reasonable excuse for the relevant conduct. Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code. equipment includes vehicles, ammunition, instruments and tools.