Directory_and_Chronicle_1913 — Page 370

H.B.M. SUBJECTS IN CHINA AND COREA

the accused may be charged with, and tried at one trial for each of such offences.

(d) If several acts constitute several offences, and also when combined, a different offence, the accused may be charged with, and tried at one trial for, the offence constituted by such acts when combined, or one or more of the several offences, but in the latter case shall not be punished with more severe punish- ment than the Court which tries him could award for any one of those offences.

If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having com- mitted all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the offences; and if it appears in evidence that he has committed a different offence for which he might have been charged, he may be convicted of that offence, although not charged with it.

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55. When more persons than one are accused of the same offence or Trial of of different offences committed in the saine transaction, or when one is co-defendants. accused of committing an offence and another of abetting or attempting

to commit that offence, they may be charged and tried together or

separately, as the Court thinks fit.

56. (1) Any Court, if sitting with a jury or assessors, may alter Alteration of any charge at any time before the verdict of the jury is returned or the charges. opinions of the assessors are expressed; if sitting without jury or asses- sors, at any time before judgment is pronounced.

(2) Every such alteration shall be read and explained to the accused. (3) If the altered charge is such that proceeding with the trial immediately is likely, in the opinion of the Court, to prejudice the accused or the prosecutor, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

57.—(1) No error or omission in stating either the offence or the Errors and particulars shall be regarded at any stage of the case as material, unless variances the accused was misled by such error or omission.

(2) When the facts alleged in certain particulars are proved and constitute an offence, and the remaining particulars are not proved the accused may be convicted of the offence constituted by the facts proved, although not charged with it.

(3) When a person is charged with an offence, and the evidence proves either the commission of a minor offence or an attempt to commit the offence charged, he may be convicted of the minor offence or of the attempt.

58.—(1) If the accused has been previously convicted of any offence, Charge of and it is intended to prove such conviction for the purpose of affecting conviction the punishment which the Court is competent to award, the fact, date, and place of the previous conviction shall be stated in the charge.

previous

(2) If such statement is omitted, the Court may add it at any time. before sentence is passed.

(3) The part of the charge stating the previous convictions shall not be read out in Court, nor shall the accused be asked whether he has been previously convicted, as alleged in the charge, unless and until he has either pleaded guilty to, or been convicted of, the subsequent offence.

(4) If he pleads guilty to, or is convicted of, the subsequent offence, he shall then be asked whether he has been previously convicted, as alleged in the charge.

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