Commonwealth Numbered Acts

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Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 63

Alternative offences
63. Section 142 of the Principal Act is amended by adding at the end thereof
the following sub-section:



"(3) Where-

   (a)  a person is charged with a service offence;

   (b)  the person pleads not guilty to the charge but guilty to another
        service offence that is an alternative offence in relation to the
        first-mentioned service offence; and

   (c)  the prosecution consents to the acceptance of the last-mentioned plea,
        the trial shall proceed as if the person-

   (d)  had been charged with the other service offence;

   (e)  had pleaded guilty to a charge of the other service offence; and

   (f)  had not been charged with the first-mentioned offence.".



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