0003230
G.F. 323
Alternative
convictions,
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31. (1) If on the trial of any person for any offence
under
and amending Part II, if it is not proved that the accused is guilty of the particulars.
offence charge but it is proved that the accused is guilty of some other offence under Part II, or of attempting or being a party to
such other offence, the accused shall notwithstanding the absence
of consent under section 30 in respect of such other offence or
of attempting or being a party to such other offence, be convicted
of such other offence or of attempting or being a party to such
other offence, and be liable to be punished accordingly.
(2) If on the trial of any person for any offence under Part II
there is any material variance between the particulars of the offence
charged and the evidence adduced in support thereof, such variance
shall not, of itself, entitle the accused to an acquittal of the
offence charged if, in the opinion of the court, there is prima
facie evidence of the commission of that offence, and in such a
case the court shall, notwithstanding the absence of consent under
section 30 in respect of the particulers supported by the evidence
adduced, make the necessary amendment to the particulars, and shall
read and explain the same to the accused, and the parties shall be
allowed to recall and examine on matters relevant to such amendment
any witness who may have been examined and to call any further witness:
Provided that if the amendment is made after the case for the
prosecution is closed no further witness may be called by the
prosecution other than such and on such matters only as it would,
notwithstanding the provisions of this subsection, be permissible
to call and put in evidence in rebuttal.
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